A Russian distributor of pharmaceuticals has claimed penalties for the violation of its rights to priority distribution of pharmaceuticals in Russia from a foreign pharmaceutical manufacturer.
During the court proceedings, our lawyers managed to prove that the Russian company had a framework related to the priority distribution of pharmaceuticals, that the foreign manufacturer did not violate any rules of pharmaceutical import to Russia in relations with other distributors and the fact that the Claimant did not incur any loss.
As a result, the court sided with the foreign distributor and dismissed all claims filed by the Claimant. The case was complicated by special aspects of manufacture and import of pharmaceuticals to Russia and issues of interpretation of the contract and agreements to it; the court used the cost effectiveness test approach and assessed how the parties performed the contract.
The client was represented by Attorneys at Law Ilya Dedkovskiy and Sergey Ilin.