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South Africa: GlaxoSmithKline, Boehringer Ingelheim "Abused Monopoly"

Law360 (October 17, 2003, 12:00 AM EDT) -- South Africa's Competition Commission ruled that GlaxoSmithKline South Africa and Boehringer Ingelheim abused their monopoly positions by refusing to license antiretroviral drugs to combat HIV and AIDS to generics makers in return for royalties, the South African Press Association reported.

The Commission found the pharmaceutical companies in contravention of the Competition Act and referred the matter to the Competition Tribunal for determination.

Specifically, two companies violated the Act's bans on excessive pricing, refused access to essential facilities, and engaged in "exclusionary acts" that have an anticompetitive...
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