The Spanish National Commission on Markets and Competition (CNMC) has opened a formal investigation into pharmaceutical company Sandoz Farmacéutica S.A., its subsidiary Bexal Farmacéutica S.A., Alliance Healthcare España S.A., and Bluetab Solutions S.L. over an alleged unlawful exchange of sensitive commercial information related to generic drug sales.
The CNMC suspects that, between April 2018 and April 2023, the companies involved exchanged disaggregated and unjustified commercial data concerning orders of Sandoz and Bexal generic medications placed by certain pharmacies not affiliated with the “Club Sandoz” loyalty program. The supplier Alliance Healthcare allegedly shared this proprietary pharmacy data directly with Sandoz, or indirectly via Bluetab Solutions, without the knowledge or consent of the affected pharmacies.
Such information exchanges, if confirmed, could constitute a serious infringement of Spanish and EU competition laws—specifically Article 1 of Spain’s Competition Act (Ley 15/2007) and Article 101 of the Treaty on the Functioning of the European Union (TFEU), both of which prohibit collusive practices that distort market competition.
The investigation was launched following a formal complaint that prompted the CNMC to carry out unannounced inspections at the headquarters of the four companies involved. These inspections form part of the authority’s preliminary fact-finding phase.
It is important to note that the initiation of proceedings does not imply a presumption of guilt. The CNMC will now proceed with an in-depth examination of the case, which could take up to 24 months to complete.
