The Paris Court of Appeal confirms the fines imposed in a collective boycotting case and its strict case law on standard of proof (Defibrillators)

On 8 April 2009, the Paris Court of Appeal (the "Court") confirmed the decision of the French Competition Council (the "Authority") dated 19 December 2007 to fine five of the world's leading implantable heart defibrillator manufacturers (Biotronik, Ela Medical, Guidant, Medtronic and Saint Jude Medical) for collective boycotting. Background In May 2001, Montpellier hospital was appointed by 16 other hospitals in France to launch a joint call to tender at a national level for the purchase of implantable heart defibrillators. This operation was the first call to tender of its kind to be launched for the collective purchase of such medical equipment in France. Ultimately, the hospitals expected to obtain lower prices through the implementation of this new purchase procedure. However,

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Charles Saumon, Pierre de Montalembert, The Paris Court of Appeal confirms the fines imposed in a collective boycotting case and its strict case law on standard of proof (Defibrillators), 8 April 2009, e-Competitions Bulletin Public procurement, Art. N° 26442

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