More than 70 representatives from Thai non-government organisations for people living with HIV/Aids called yesterday for the Internal Trade Department to penalise Abbott Laboratories, accusing the company of breaching the Trade Competition Act by withdrawing its application for the registration of new drugs.

The NGOs claim that the giant US-based pharmaceutical-maker has breached the law by providing limited drug access opportunities for Thai Aids patents. The company is also accused of market dominance, as it is a major Aids drug producer.

Abbott Laboratories withdrew its applications for registration of 10 new drugs in Thailand early this year after the government decided to use compulsory licensing for its best-selling Aids medication.

Recently, Abbott announced that it would reduce the price of Aluvia - the latest version of its Aids drug Kaletra - in the Kingdom. The drug will be introduced and sold in Thailand at a discounted rate, chief executive Mikes White said on Tuesday.

The NGOs calling for action include the Aids Access Foundation, the Foundation for Consumers and Consumer Protection, and the Thai Network of People Living with HIV/Aids. In their letter submitted to the Internal Trade Department, the NGOs allege that Abbott has breached the Trade Competition Act as Thai drug-importing companies will not be able to bring in the Aids treatment from the United States, thus limiting Aids drug access in Thailand.

Abbott will also have the opportunity to increase the prices of current drugs, as the firm is a major Aids drug producer.

Last year, the value of Abbott's drug exports to Thailand was Bt1.16 billion. The figure is expected to double with the decision to introduce compulsory licensing.

Internal Trade Department director-general Siripol Yodmuangcharoen said his agency would investigate the accusation that the US company has breached the law.

"The department will investigate this case based on fair treatment and will compare the case with other international laws," he said.

In reference to Article 25 of the Trade Competition Act, any violator is subject to one month imprisonment and/or a Bt2,000 fine.

However, a source from a legal firm said that the government could hardly penalise Abbott as the company has only withdrawn its application for drug registration in the Kingdom. The company's new drugs have not been distributed here.

The source said that normally the Trade Competition Act could only be used to punish a company whose products have been sold in the country.

Petchanet Pratruangkrai

The Nation