Stated claims on Total.kz withdrawn
On May 15, 2019, the Economic Court of Almaty dismissed the claim of NF Pharma LLP against Total Media Qazaqstan LLP.
As it was reported, on January 21 news website Total.kz published an article entitled "How pharmaceutical second-hand dealers work in Kazakhstan." The article tells about the violation of the rules for organizing and conducting the purchase of medicines with reference to a representative of one of the pharmaceutical companies. As an example, the he refers to NF Pharma LLP, which is the official representative of foreign manufacturers.
At the end of January, A. Omirzhanova, General Director of NF Pharma LLP, appealed to the editorial office of Total.kz with a pre-trial claim. The article “reflects inaccurate information that discredits the business reputation of the organization,” the LLP claims. NF Pharma LLP requested “to provide confirmed (and legally obtained) information (evidence), proving that absence of NF Pharma LLP (NF Pharma) does not have a proper warehouse, staff, vehicles for delivery of goods, financial guarantees for tenders and funds for procurement medicines from the manufacturer” or post a refutation on the portal, or provide an LLP with the opportunity to respond.
In April, NF Pharma LLP filed a lawsuit against the owner of the Total.kz website, claiming that the disseminated information was untrue and damaged its business reputation and demanding to oblige Total Media Qazaqstan LLP to publish a refutation; suspend and prohibit the use of a domain name; specify the source of information.
At the stage of preparing the case for trial, Total Media Qazaqstan LLP filesd some petititons, after that NF Pharma LLP filed a motion to return the claim without consideration. The court granted the petition, the claim was returned to the plaintiff without consideration.