Supreme Court rejects antitrust agency’s appeal on Pfizer ruling

The Indonesian Supreme Court has rejected an appeal filed by the country’s antitrust agency to rehear a case brought against Pfizer. The regulator, KPPU, had found in 2010 that Pfizer, its subsidiaries, and Dexa Medica (a local company) were abusing their dominant positions in the market for antihypertensive products. The KPPU said that these companies were overcharging local customers 14.6 times the price that the World Health Organization (“WHO”) paid for Pfizer’s antihypertensive medication, which should have reasonably been around 2.5 times the price offered to the WHO. The Pfizer companies were fined IDR 25 billion; Dexa Medica was fined IDR 20 billion.

The companies appealed the KPPU decision with a district court, which overturned the agency’s rulings on the basis of insufficient evidence. The KPPU then filed for leave to appeal with the Supreme Court-according to Indonesian law, the KPPU can appeal if it can submit new evidence

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