01.02.2023 Арбитражный суд города Москвы удовлетворил иск ООО «Компания Фармстор» о признании незаконным одностороннего отказа ООО «Амджен» от исполнения Договора поставки и обязал ООО «Амджен» осуществить допоставку товара а адрес ООО «Компания Фармстор» на сумму 1,76 млрд. руб. в течении 10 рабочих дней после вступления в силу решения суда.
Суд согласился доводами ООО «Компания Фармстор», что ООО «Амджен» нарушило условия по Договору поставки товара, отказывая поставлять товар по заявкам. Был доказан тот факт, что у ООО «Амджен» отсутствовали технологические или экономические причины для отказа от поставки товара в адрес Покупателя.
Помимо этого «Фармстор» обратился в ФАС с письмом о грубом нарушении со стороны Амджен закона «О защите конкуренции». Дистрибьютор считает, что действия американской компании Амджен носили преднамеренный и спланированный характер по ограничению доступа Фармстор к товарному рынку. Ответсвенность за нарушение ФЗ «О защите конкуренции» регулируется ст.178 УК РФ.
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