In parallel with the competition case at the Maritime and Commercial Court, Amgros decided to sue CD Pharma, claiming that CD Pharma should refund the additional price. After the now more than six-year-long dispute, the Copenhagen Maritime and Commercial Court has decided the case. The ruling came on 18 August 2020. And yes, CD Pharma is liable to pay compensation to Amgros for the additional price Amgros was forced to pay because of the increase of 2000 per cent.
- “I’ve said it before. And I’ll say it again. I think it’s actually very good that, as a society, we can expect a pharmaceutical company to refrain from exploiting a monopoly to hike its prices so rapidly, as we have seen in this case. Therefore, I'm also very satisfied with the court’s decision. I hope it sends a clear signal to the market not to exploit shortages of medicines to earn extra profits,” said Flemming Sonne, CEO of Amgros.
Amgros was awarded compensation of DKK 7 million plus costs. This amount corresponds to the additional price Amgros, and thus the Danish healthcare system, had to pay for the medicine.
Unfortunately, CD Pharma has been trying to wind-up and close the company for many years. Therefore, the company is now under bankruptcy proceedings. It is uncertain whether there are enough funds to pay for the ruling.
However, no matter what, the ruling means that a company’s liability has been confirmed in such cases. That is why it is so important.