Morales & Besa advises GlaxoSmithKline before Contraloría General de la República to challenge its approval of a decree from the Ministry of Health

On August 20^th, 2015, GlaxoSmithKline Chile Farmacéutica filed a complaint before Contraloría General de la República to challenge its approval of a decree from the Ministry of Health that awarded to another laboratory with a supply contract of 250.000 pneumococcal conjugate vaccines without making a public tender. This vaccine is part of the national vaccination program. The Health Ministry based the decree on the mistaken assumption that the other laboratory’s pneumococcal vaccine was a product unique in its class, overlooking that Glaxo’s pneumococcal conjugate vaccine (named Synflorix) which is the same product.

During recent years the Ministry of Health has held public tenders to award to different laboratories the acquisition of pneumococcal vaccines, so the objected supply contract contradicts this policy.

How this dispute is solved will have a substantial effect on the manner that the health authorities award contracts for the supply of vaccines to comply with the national vaccination programs.

The team at Morales & Besa is led by Gonzalo Cordero with Associate Carlos Hafemann.