A Belgian Court of appeal infers a cartel from a similar approach adopted by several medical oxygen providers boycotting a competitor (AGIM/Oxycure)

Facts of the case 1. Oxycure markets an oxygen concentrator, which generates medical oxygen on the spot and hence constitutes an innovative and a more efficient alternative to medical oxygen distributed in bottles. As the oxygen concentrator works on electricity, Oxycure's clients need reserve bottles of medical oxygen in case of a power failure. Oxycure does not itself produce these bottles and needs supplies from its competitors. In December 2007, several Belgian undertakings providing bottled medical oxygen to patients, supported by a profession association of the Belgian drug industry, have launched an action against Oxycure in order to prohibit Oxycure from delivering reserve oxygen in bottles to patients. Oxycure did not have the authorisation to do so under Belgian law and

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Philippe-Emmanuel Partsch, Vincent Wellens, A Belgian Court of appeal infers a cartel from a similar approach adopted by several medical oxygen providers boycotting a competitor (AGIM/Oxycure), 5 February 2009, e-Competitions Bulletin February 2009, Art. N° 25892

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