For announcement of referral see OFT Press Notice 41/01
Prescription-only Veterinary Medicines
Terms of Reference
The Director General of Fair Trading in exercise of his
powers under sections 10(3), 10(4), 47(1), 49(1) and 50(1) of the Fair Trading
Act 1973 hereby refers to the Competition Commission the matter of the existence
or possible existence of a monopoly situation in relation to the supply within
the United Kingdom of prescription only veterinary medicines.
The Commission shall investigate and report on the questions
whether a monopoly situation exists and, if so:
a) By virtue of which of the provisions of sections 6 to 8 of the said Act that monopoly
situation is to be taken to exist;
b) In favour of what person or persons that monopoly situation exists;
c)Whether any steps (by way of uncompetitive practices or otherwise) are being taken
by that person or those persons for the purpose of exploiting or maintaining
the monopoly situation and, if so, by what uncompetitive practices or in what
other way;
d)Whether any action or omission of the part of that person or those persons is attributable
to the existence of the monopoly situation and, if so, what action or omission
and in what way it is so attributable; and
e) Whether any facts found by the Commission in pursuance of their investigations under
the preceding provisions of this paragraph operate, or may be expected to operate,
against the public interest.
For the purposes of this reference:
“prescription only veterinary medicines” means
medicinal products that are subject to an order under section 58 of the Medicines
Act 1968 and which may be sold only by veterinary surgeons or veterinary practitioners
for administration to animals under their care or by pharmacists on a written
prescription from a veterinary surgeon or veterinary practitioner.
“medicinal product” means a product falling within
either section 130 of the Medicines Act 1968 or Article 1.2 of Council Directive
65/65/EEC.
“veterinary surgeon” and “veterinary practitioner” have
the meanings given to these terms by section 132(1) of the Medicines Act 1968.
The Commission shall report upon this reference within
a period of 15 months from the date hereof.
9 October 2001
|
