Nueva colusión de farmacias, Fiscalía Nacional Económica pide investigar

El senador Guido Girardi, presidente de la Comisión de Salud del Senado y autor de la Ley de Fármacos II, se reunió este viernes con el fiscal nacional económico, Felipe Irarrázabal para solicitarle que investiguen las nuevas estrategias de colusión y uso de canela que estarían utilizando las tres grandes cadenas farmacéuticas: Ahumada, Cruz Verde y Salcobrand.

En la cita estuvieron presentes, además, el presidente de la Corporación Nacional de Consumidores y usuarios de Chile (Conadecus), Hernán Calderón, y Mauricio Acevedo, presidente de la Federación de Trabajadores de Farmacias.

De acuerdo a la presentación entregada en la Fiscalía Nacional Económica (FNE), las cadenas de farmacias estarían infringiendo las normas de defensa de la libre competencia (…) fijando concertadamente el precio de productos y coludiéndose con doctores y laboratorios a través de las recetas médicas a las cuales les adhieren sticker con el producto que deben solicitar.

El documento señala, por ejemplo que Salco Brand creó el Programa Procuidado, y que el 10 de abril pasado entregó a auxiliares y jefes de local un instructivo donde explica que es una alianza con proveedores “para entregar beneficios a los clientes por compras prescritas por los médicos (…) para que puedan acceder a medicamentos de calidad”.

Agrega que es “un plan de beneficios en el cual distintos laboratorios otorgan descuentos a ciertos medicamentos al momento de la compra” y para acceder a este el cliente debe “entregar su Rut, teléfono (se pone énfasis en esto) y firmar un voucher”.

También se debe ingresar el RUT del médico, lo que hace “sospechar la existencia de beneficios o regalías que puedan recibir estos por la compra que realice cada paciente con el Programa Procuidado (…) pues prepondrá a recetar un medicamento que sea parte del plan”.

Se establece claramente que “se pagará $300 pesos líquidos por cada inscripción al plan de beneficios que haga el vendedor” lo que revelaría “una relación directa con ciertos laboratorios para favorecer la venta de sus productos”.

Es decir la canela o incentivo “es por la venta de medicamentos que son partes del plan de beneficios” más que por “la inscripción al Programa Procuidado”. En Salcobrand existe un programa de características similares denominado Receta Solidaria.

Al entregar la receta el médico pega en la parte de atrás un autoadhesivo “con códigos de barra asociados a las grandes cadenas de farmacias” y con ello pasa a ser parte del plan de beneficios lo que equivale a un “descuento u otra caja del mismo medicamento” y con ello no accede a un remedio bioequivalente que es más barato porque no es parte del plan y el vendedor tampoco se lo hace saber.

Al respecto, el senador Girardi afirmó que “no es rol de las farmacias estructurar programas de beneficios, articulados con laboratorios, para vender determinados productos. Y lo más extraño es que hay médicos que entregan recetas con la indicación de comprar en alguna farmacia de las tres cadenas de siempre”.

El parlamentario ejemplificó con el “medicamento Trex que vale 15 mil pesos, al llegar a la farmacia le hacen un descuento si se inscribe en el programa y le cobran 12 mil pesos, pero no le dicen nada que existe un genérico la Azitromicina que cuesta 3 mil”.

Y agregó que “le hemos pedido a la FEN que inicie una investigación para evaluar una eventual colusión que estaría afectando a los pacientes que deben adquirir medicamentos”.


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