"R-farm" did not pay for tablets

The company lost the dispute to Native.
01.06.2018
Kommersant
Origin source
A banal dispute about the recovery of almost 400 million rubles. producer of generics "Nativa" with "R-Pharm" Alexei Repik turned into a public scandal. The defendant accuses the counterparty of trying to divert attention from its own proceedings with foreign patent holders of medicines. The plaintiff considers these charges groundless and intends to collect from R-farm more than 200 million rubles.

Last week, the Moscow Arbitration Court satisfied the requirements of "Nativa" to recover from the "R-Pharm" 112.2 million rubles. under the drug supply contract. As follows from the materials of the court, the corresponding statement of "Nativa" filed in March 2018. According to the plaintiff, the arrears arose under a drug supply agreement with the distributor "R-Pharm" of 2017. In addition, in April, the arbitration court satisfied the requirements of "Native" to "R-Pharm" under drug supply agreements for two other applications totaling more than 300 million rubles. Now in court two more similar proceedings are conducted: the total amount of these claims is 227.4 million rubles.

In December 2017, "Nativa" tried to get bankruptcy of "R-Pharm", filing an application to the arbitration court. As explained to "b" general director of "Nativ" Alexander Malin, the basis was the overdue debt under supply contracts. He refused to give the exact amount of financial claims. But two weeks later the court returned the application because of the lack of an enforceable judicial act on the existence of debt "R-Pharm." Later, the owner of the company-defendant Alexey Repik described the actions of "Nativia" as an attempt to create an informational hype and divert attention from her own legal disputes with foreign producers related to intellectual property rights. Now, "Nativa" is a party to five lawsuits regarding the registration of generics during the validity of patents for original drugs.

The won proceedings on the debt of "R-Pharm" in "Nativ" is called a response to public accusations of Alexei Repik. "The usual economic dispute Mr. Repik translated into the plane of discussion about intellectual law", complains Alexander Malin. According to him, the demand to pay off the debt is due solely to the desire to receive payment for their goods. In turn, the "R-Pharm" told Kommersant that they do not abandon their obligations, which will be finally recognized by court decisions. They also added that the share of "Nativia" in the total volume of purchases carried out by "R-Pharm" is insignificant and the possible payment of funds to the plaintiff will not affect the company's activities.

According to the industry publication Vademecum, "Nativa" is considered close to one of the largest pharmaceutical manufacturers in Russia, "Pharmstandard". The company produces drugs for the treatment of diseases in the field of pulmonology, endocrinology, oncology, gynecology and neurology at the facilities of the company Victor Kharitonin in Kursk and Ufa, as well as in its own production in the Moscow region of Krasnogorsk. According to "SPARK-Interfax", the main owner of "Native" with a share of 66.75% - Austrian Fis Capital GmbH. The company's revenue in 2016 amounted to 1.7 billion rubles, a net loss of 144.4 million rubles.

The group "R-Pharm" includes enterprises for the production of drugs and substances, as well as a large distributor. According to SPARK-Interfax, the revenue of R-Pharm in 2016 was 62.9 billion rubles, net profit - 6.7 billion rubles. Last year, the company signed state contracts for 33 billion rubles.

Director of the Institute of Healthcare and Medical Management David Melik-Huseynov believes that legal proceedings between Nativa and R-Pharm are competitive for a share in the market, including public procurement. "Thus," Nativa "is trying to hit the reputation of" R-farm, "- said Mr. Melik-Huseynov.

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