As the national voice of research based pharmaceutical companies, Innovative Medicines Canada advocates for policies that enable the discovery, development and commercialization of innovative medicines and vaccines that improve the lives of all Canadians. We support our members’ commitment to being a valued partner in the Canadian healthcare system.
Innovative Medicines Canada and its member companies meet in person or remotely (e.g. phone, videoconference, webinar, etc.) to discuss policy issues relevant to the industry. Many of these members may be competitors, creating the potential for anti-competitive conduct. These guidelines are intended to help ensure that, in organizing and/or attending meetings in which competitors participate, Innovative Medicines Canada and its members avoid engaging in or facilitating any discussion or activity which may violate Canadian competition law.
Compliance with these guidelines is a condition of membership in Innovative Medicines Canada. Both Innovative Medicines Canada and its member companies can be liable for anti-competitive conduct.
It is unlawful to enter into agreements (whether oral or in writing, formal or informal) to fix prices, allocate markets or reduce output, or which otherwise substantially lessen or prevent competition in a market. To prevent such agreements from occurring, members shall refrain from exchanging information on topics such as:
The above also applies to informal discussions between members prior to or following formal meetings.
Innovative Medicines Canada will utilize the following safeguards in conducting in person or remote meetings:
These guidelines are effective as of June 30, 2015, and are meant only as a reference to assist in identifying and avoiding potential issues at Innovative Medicines Canada meetings. They are not a substitute for member competition law compliance programs. Members should seek independent legal advice on Canadian competition law and its application to their activities.
While most of the functions and activities of trade associations do not raise competition law issues, bringing competitors together may allow trade associations to be used, directly or indirectly, to facilitate illegal agreements to restrain competition. In view of the potential risks involved, you must not become involved in any communications or agreements that might give rise to concerns under the Competition Act, the Innovative Medicines Canada Competition Law Guidance, or the Competition Guidelines Governing Innovative Medicines Canada Meetings while you are attending or participating in any Innovative Medicines Canada meetings.
Innovative Medicines Canada has taken measures to ensure that formal Innovative Medicines Canada meetings do not involve anti-competitive conduct or the appearance of anti-competitive conduct. It is your obligation to ensure that you do not engage in any other contacts outside of the formal meetings that could create issues.
This reminder is provided to you as part of Innovative Medicines Canada’ s ongoing commitment to legal and ethical behavior including, in this specific instance, compliance with Canadian competition law. Any questions regarding specific issues should be discussed with Legal Affairs at Innovative Medicines Canada.