Romania’s Competition Council has imposed a fine of 128,470,123 lei (€25.81 million or $26.31 million) against Boehringer Ingelheim RCV GmbH & Co KG (Austria) for abusing its dominant position in the Romanian market for medications treating chronic obstructive pulmonary disease (COPD).
The council’s investigation revealed that between 2017 and 2021, Boehringer Ingelheim engaged in practices that restricted access to the generic version of Spiriva, a cost-effective COPD medication, while promoting Spiolto Respimat, a more expensive and complex alternative.
Although not all COPD patients required dual therapy as their initial treatment, the company’s strategy influenced doctors to prescribe Spiolto Respimat widely, contrary to the national protocol and therapeutic guidelines in force. Generic versions of Spiriva, which provide the same active ingredient at a lower price, were marginalized as a result.
“By encouraging the premature prescription of a more complex and expensive medicine, the company forced some patients to pay more for a drug that was not necessarily indicated to them,” said Bogdan Chirițoiu, President of the Competition Council. “At the same time, with the budget allocated to reimburse the new product, the state could have reimbursed generic medicines for more patients.”
Both Spiriva and Spiolto Respimat are partially reimbursed—50%—by Romania’s National Health Insurance House, with the remainder paid out-of-pocket by patients. The council’s findings suggest that Boehringer Ingelheim’s tactics not only burdened patients financially but also limited the state’s ability to fund treatment for a larger number of people.
The investigation was initiated following a tip-off through the Competition Whistleblower Platform, an anonymous reporting tool for competition law violations. The platform, accessible online, played a key role in uncovering the company’s anticompetitive practices.
The fine imposed on Boehringer Ingelheim is enforceable, with the National Agency for Fiscal Administration responsible for collecting the penalty, which will contribute to the state budget.
Generic medications, which offer the same therapeutic benefits as their patented counterparts at a lower cost, are a critical tool in ensuring widespread access to healthcare. This case underscores the importance of maintaining fair competition in the pharmaceutical market to safeguard both patient welfare and public resources.
The Competition Council’s decision serves as a strong reminder of the potential consequences for companies engaging in anticompetitive behavior in Romania.
Source: https://www.consiliulconcurentei.ro/wp-content/uploads/2025/01/Eng-Boehringer-ian-2025.pdf
