For Widest Distribution - 19H15, 4 December 2002

Dear All

The Competition Commission has called for submissions with regard to the
complaint TAC has lodged against GlaxoSmithKline and Boehringer Ingelheim.
The deadline for submissions is 20 December 2003. We urge everyone who
has been affected by, or has specific information about, the excessive
pricing of AZT, Lamivudine and Nevirapine to write submissions to
the Competition Commission. We envisage that many doctors, nurses and
people with HIV (or their friends and families) who have been unable
to afford medication in the South African private sector, as well as
organisations who have conducted research into medicine pricing could
make useful contributions.  If you require assistance with this, please
contact Fatima Hassan or Jonathan Berger at the AIDS Law Project:

Email: hassanf@law.wits.ac.za / bergerj@law.wits.ac.za Tel: 27 + 11 717
8600 Fax: 27 + 11 403 2341

Contact Details of the Competition Commission: Registry Department -
(012) 482 9000 Postal Address - Competition Commission, Private Bag X23,
Lynwood Ridge 0040 Enquiries - Karin Coode Head of Communication Tel:
(012) 482-9079 Cell: 083 357 1039 Fax: (012) 482-9120

Note: all the complainants papers are on the TAC website: www.tac.org.za.
Click Documents. Then click Competition Commission Papers.


COMPETITION COMMISSION MEDIA RELEASE NO. 28 OF 2002 28 November 2002

Competition Commission calls for complainants in TAC matter alleging
pharmaceutical firms are dominant in sales of antiretrovirals

The Competition Commission received a complaint from the Treatment
Action Campaign (TAC) on 17 September 2002 alleging pharmaceutical firms
GlaxoSmithKline South Africa (Pty) Ltd and others are dominant in the sale
of antiretroviral medicines and are charging excessive prices for these
drugs to the detriment of consumers and are therefore in contravention
of the Competition Act 1998 (the Act).

The complaint pertains to the sale of AZT (branded as Retrovir),
AZT/lamivudine (branded as Combivir), Lamivudine (branded as 3TC) and
Nevirapine (branded as Viramune). TAC alleges that the respondents are
abusing their dominance in the sale of these antiretroviral medicines
in South Africa by charging excessive pricing to the detriment of the
consumer, in contravention of section 8(a) of the Act.

The complainants argue that a reduction in prices of antiretroviral
medicines would result in increased access for all persons living with
HIV/Aids.

Competition Commissioner, Adv Menzi Simelane, says, "At the moment, these
are only allegations and the Commission is conducting these enquiries
impartially. We invite any other interested parties to submit similar
complaints to the Commission. Should the  Commission, after investigating
the complaint, be of the opinion that a breach of the Act has occurred,
the matter will be referred to the Competition Tribunal of South Africa
for determination."

All interested parties are requested to file their complaints by 20
December 2002. For enquiries regarding this matter, please contact the
Registry Department on (012) 482 9000.


ISSUED BY COMPLIANCE

Information may be obtained from:

Karin Coode Head of Communication

Tel: (012) 482-9079 Cell: 083 357 1039 Fax: (012) 482-9120