- (1.) Order under Section 27 of the Competition Act 2002
(2.) THE present information has been filed under section 19(1)(a) of the Competition Act, 2002 ("the Act") by M/s. Bio -Med Private Limited ("Informant") against Union of India through Deputy Assistant Director General (Stores), Medical Store Depot ("DADG"), Ministry of Health and Family Welfare, Government of India, New Delhi ("OP -1"); M/s. GlaxoSmithKline Pharmaceutical Limited, Mumbai ("OP -2"); and M/s. Sanofi, Mumbai ("OP -3"); alleging, inter alia, contravention of the provisions of sections 3 and 4 of the Act. The Informant is a private limited company incorporated under the Companies Act, 1956 and is engaged in the business of manufacturing vaccines since 1972. In the period between 1972 and 1994, the Informant had been engaged in the business of manufacturing only veterinary vaccines. From 1995 onwards, the Informant has been engaged in the business of manufacturing vaccines for human usage. It developed polysaccharide Quadrivalent Meningococcal Meningitis vaccines (QMMV) in 2004. It is the only indigenous manufacturer of QMMV vaccines.
(3.) IT is the case of the Informant that all varieties of vaccines manufactured by it were earlier imported at a substantially high price. The introduction of indigenously manufactured vaccines is stated to have resulted in huge saving of foreign exchange and relief to the patients. It also resulted in creating fair competition in the market leading to noticeable decrease in the price of the vaccines and easy availability thereof. It is further averred that prior to the introduction of meningitis vaccine by the Informant, OP -2 and OP -3 used to supply the vaccine in India.;