Colombia: Council of State rules on admission of an annulment action filed against Resolution setting caps for certain medications

OlarteMoure

Recently, the Council of State (Colombian Supreme Court for administrative matters) formally admitted an annulment action initiated by a Colombian citizen against Resolution 0243 issued 31 January 2019. In short, Resolution 0243 sets a cap-setting mechanism for the purchase of certain medications that are not included in the basic health plan.

The annulment action is primarily based on the irregular issue of Resolution 0243, as a consequence of an alleged breach of the “competition advocacy principle”. Said principle forces administrative bodies to inform the Unfair Competition and Antitrust Authority (SIC) about any pending regulatory project which may have an impact on free competition.

In the plaintiff’s words, said principle was breached by the Government given the challenged resolution was never served to the SIC before being issued. The above, despite its regulatory purpose and definite impact on the Colombian pharmaceutical market.

Original Sources in Spanish:

Resolution 0243:
http://bit.ly/2k8q8No

Annulment Complaint
http://bit.ly/2m3ZZzT