Sun Wave Pharma, sanctioned for unfair competition to the distribution of dietary supplements. What can the affected rival company do to request damages
Food supplements / photo: Agerpres
The Competition Council announced on Wednesday that Sun Wave Pharma has violated the law on combating unfaithful competition after pressing as the Geltec Private Ltd. not to deliver these supplements to Bleu Pharma, its competitor to the Romanian market. Based on the decision of the competition authority, the affected company, Bleu Pharma, can address the court to request damages.
“I forbade Sun Wave Pharma SRL to use such practices, because they contravene honest practices and negatively affect the business environment, destabilizing the activity of players on the market,” said Bogdan Chirițoiu, the president of the Competition Council.
Based on the decision of the competition authority, the affected company, Bleu Pharma, can address the court to request damages.
The analysis was triggered in 2024, following the notification made by Bleu Pharma, and within it, a unexpected inspection was carried out at the Sun Wave Pharma headquarters.
According to Law 11/1991 on combating unfair competition, in the case of commercial practices that contravene the honest uses and the general principle of good faith and which produce or can cause damage to the competitors, the Competition Council may order measures to prohibit the deed and issue a decision based on which the court may grant the compensation for the defendant.
Bleu Pharma and Sun Wave Pharma have the same founder, businessman Yogish Agarwal, according to ZF. Yogish Agarwal set up in 2008 Sun Wave Pharma, after which he sold the company in 2017 to an investment fund. In 2022, he founded Bleu Pharma.
