Healthcare

Anticompetitive practices

Healthcare and competition law: An overview of EU and national case law
Aldwych Partners
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Aldwych Partners
I. Introduction The healthcare sector is very different to other industries where competition, and the application of competition law, is a matter of routine . At the heart of this difference is the goal shared by every European government of ensuring sufficient, equitable access to healthcare (...)

The French Competition Authority issues an opinion following its sector inquiry on hearing aids
French Competition Authority (Paris)
Sector-wide Inquiry on Hearing Aids- the Autorité’s Findings* The Autorité recommends separating the initial purchase of the hearing aid (including immediate fitting and setting during the first year) from the purchase of subsequent follow-up services. It also proposes removing the numerus (...)

The Latvian Competition Council fines medical equipment traders for bid rigging (Optika&Dentika / KJ Serviss)
Competition Council of Latvia
The CC fines Medical Equipment Traders for collusive Behaviour in Public Procurements* On 8 September, the Competition Council (the CC) fined two medical equipment traders SIA OPTIKA&DENTIKA and SIA KJ SERVISS for participating in a cartel agreement in four public procurements. Due to the (...)

The Polish Competition Authority fines a professional association for anticompetitive conduct aimed at the governmental treatment of infertility programme (Association of Medical Centers)
Hansberry Tomkiel
I. Introductory remarks In its decision no RŁO 4/2016 of 1st September 2016 (the “Decision”), the Polish Office for Competition and Consumer Protection (the “Competition Authority”) sanctioned the Association of Polish Centers of Infertility Treatment and Reproduction Development (the (...)

The Polish Competition Authority fines infertility treatment providers for price fixing (Polish Centres of Infertility Treatment and Reproduction Development)
WKB Wierciński Kwieciński Baehr (Warsaw)
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WKB Wierciński Kwieciński Baehr (Warsaw)
In its decision dated 1 September 2016, the President of the Office of Competition and Consumer Protection (hereinafter the “OCCP President”) fined the Association of Polish Centres of Infertility Treatment and Reproduction Development (hereinafter the “Association”) for fixing prices of offers for (...)

The Hungarian Competition Authority fines providers of medical products and medical devices for bid rigging (Chirmax)
Hungarian Competition Authority (Budapest)
The GVH imposed fines for coordination of bids in tenders of hospitals* In its decision the Gazdasági Versenyhivatal (Hungarian Competition Authority) established that, in order to influence the tender notice, share the market and fix prices, B. Braun Medical Magyarország Orvostechnológiai Kft., (...)

The French Competition Authority launches a public consultation on its midpoint assessment concerning its investigation on the hearing aids sector
French Competition Authority (Paris)
Hearing aids* As part of its investigation on the hearing aids sector, the Autorité de la concurrence launches a public consultation on its mid-point assessment today. The Autorité encourages the sector’s players to express their opinion on the competition issues identified. Interested actors (...)

The Hungarian Competition Authority initiates proceedings for a suspected cartel during a procurement of health equipment aimed at saving energy (Siemens Healthcare)
Hungarian Competition Authority (Budapest)
The GVH has initiated a proceeding for a suspected cartel* On 11 April 2016 the Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) initiated a competition supervision proceeding against several undertakings (Siemens Healthcare Kft., GE Hungary Ipari és Kereskedelmi Kft., PHILIPS (...)

The Latvian Competition Authority fines two undertakings for bid rigging in medical procurements (Optika un Diagnostika / Arbor Medical Korporācija)
Competition Council of Latvia
The CC fines Undertakings for Bid Rigging in Medical Procurements* On 10 December, The Competition Council (CC) of Latvia fined two undertakings – SIA Optika un Diagnostika and SIA Arbor Medical Korporācija – for coordinating tenders in a total of six different procurements of medical equipment (...)

The Stockholm City Court fines three healthcare providers for cartel (Aleris / Capio / Hjärtkärlgruppen)
Swedish Competition Authority (Stockholm)
High cartel fines for health care providers* Three health care providers that collaborated unlawfully in the procurement of health care services in Stockholm were ordered by Stockholm City Court to pay around SEK 28 million in fines. “I am very satisfied with the court’s clear message that (...)

The District Court of Rotterdam annuls a penalty imposed to an association of undertakings, for making recommendations on the establishment of new general practitioners (LHV)
Nysingh (Zwolle)
On 17 December 2015, the District Court of Rotterdam (“Court”) annulled a penalty imposed to LHV for violating the Dutch cartel prohibition. The proceedings on appeal brought against the ACM-decision have been a major success for LHV. While in administrative appeal the fine was reduced by ACM (...)

The Greek Supreme Court clarifies its interpretation of the ’association of undertakings’ notion in the application of article 101 TFEU (Greek Dental Bar Associations)
Gerakini Legal Studio
By virtue of judgments 148/2015, 149/2015 and 150/2015, the Greek Supreme Court held that the Greek Dental Bar Associations are “associations of undertakings” and their decisions on the imposition of minimum thresholds of fees infringe upon article 1 of Greek Law 703/1977 (now Law 3959/2011). (...)

The UK Competition Authority fines an association of undertakings for anti-competitive information exchange and pricing agreements (Consultant Eye Surgeon Partnership)
Stephenson Harwood (London)
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UK Competition and Markets Authority (CMA) (London)
I. Background On 26 May 2013, the UK Competition Authority (the OFT at the time), received a complaint alleging concerns that Consultant Eye Surgeon Limited Liability Partnerships (“LLPs”), via their membership association CESP Limited (“CESP Ltd”), were agreeing prices and sharing prices and (...)

The US Department of Justice sues four hospitals for an anticompetitive agreement in South-Central Michigan (Hillsdale / Branch / ProMedica / Allegiance)
Constantine Cannon (New York)
Antitrust Enforcers Sue Four Hospitals For Carving Up South-Central Michigan* The Antitrust Division of the U.S. Department of Justice and the Michigan Attorney General’s Office are suing four Michigan hospital systems for allegedly engaging in antitrust violations by agreeing to refrain from (...)

A US District Court grants preliminary injunction, reminding that if a group of competitors excludes another class of competitors, the question of whether competition is harmed turns on whether the excluded class offers competitive benefits to the market (Teladoc / Texas Medical Board)
Bona Law (San Diego)
Texas Federal Court Acts for Teladoc in Antitrust Case Against State Medical Board* It is easier to succeed in business without competition than with it. And if you are used to practicing your profession in a particular way, it is quite uncomfortable when new approaches develop that undercut (...)

The US Court of Appeals for the Second Circuit addresses pharmaceutical “product hopping” in decision barring a producer from pulling older version of drug from shelves (Actavis)
Winston & Strawn (Washington)
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Winston & Strawn (Washington)
Few courts have addressed antitrust challenges to pharmaceutical “product hopping,” i.e., the practice of shifting customers from a drug nearing the end of its patent protection to a modified version that is covered by newer patents and thus is protected from generic competition for a longer (...)

The FTC expresses “strong concerns” over State regulations offering to provide antitrust immunity to certain healthcare collaborations undertaken with Department of health’s approval and supervision (COPA)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Century City)
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Sheppard Mullin (Century City)
State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State Antitrust Enforcement* On April 22, 2015, the Federal Trade Commission submitted a public letter to the New York State Department of Health (DOH) expressing “strong (...)

The US Supreme Court decides on whether nominally public body must show “active supervision” by the state government to enjoy antitrust immunity (North Carolina State Board of Dental Examiners)
Cleveland-Marshall School of Law
North Carolina Dentists is in the Hizzouse, Y’all! Woot Woot!* So, the only real surprise about yesterday’s opinion in North Carolina State Bd of Dental Examiners v. FTC is that it wasn’t unanimous. The strongly worded six-member majority opinion, already receiving early applause (see here and (...)

The US Supreme Court holds that state agencies that are controlled by active market participants are not immune from antitrust laws unless the state also provides active supervision (North Carolina State Board of Dental Examiners)
Womble Carlyle Sandridge & Rice (Washington D.C.)
Supreme Court Rules NC Dentist Board Not Immune From Antitrust Scrutiny* Earlier this morning, in a 6-3 decision, the Supreme Court ruled that state professional boards comprised of active market participants are not immune from antitrust laws even though the boards are formally designated as (...)

The US District Court for the Northern District of California receives a complaint likely to provide lessons about manufacturers’ efforts regarding resale prices (Costco / Johnson & Johnson)
University of Michigan
Costco v. J&J: The Latest and Largest in a Long Line of Pricing Cases* It’s not often that one Fortune 50 company sues another – but that’s what happened earlier this week when Costco sued Johnson & Johnson (J&J) in California federal court over J&J’s attempts to limit Costco’s (...)

The Czech Office for the Protection of Competition imposes fines on two undertakings for bid-rigging in the medical equipment for hospitals market (Hospimed and Puro-Klima)
Czech Competition Authority
Puro-Klima and Hospimed coordinated their bids within public tenders for medical equipment* The Office for the Protection of Competition (hereinafter referred to as “the Office”) detected and sanctioned anticompetitive behavior conducted by undertakings HOSPIMED, spol. s.r.o. and PURO-KLIMA, a.s (...)

The EU General Court confirms that the French Council of Pharmacists has infringed art. 101 TFEU but reduces the EC’s fine slightly (Ordre national des pharmaciens)
Stephenson Harwood (London)
Background Under French law, clinical biology analyses may only be carried out in dedicated laboratories under the supervision of a biological doctor or pharmacist. Biological pharmacists hold 95% of the cumulated share of that service market . The National Council of Pharmacists (“Ordre (...)

The Danish Competition Council requires of the two largest wholesale distributors of medicine on the Danish market to put an end to their coordination of fees and other trading conditions (Nomeco and Tjellesen Max Jenne)
Danish Competition and Consumer Authority (Copenhagen)
Danish wholesale distributors of medicine have infringed competition rules* The Danish Competition Council has required the two largest distributors on the Danish market, Nomeco A/S and Tjellesen Max Jenne A/S, to put an end to their coordination of fees and other trading conditions. Director (...)

The Romanian Competition Council analyzes the compatibility between national law provisions on the trade of dietary supplements with the provisions of EU treaties on free movement of goods (Advanced Nutrition)
DLA Piper Dinu SCA (Bucharest)
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DLA Piper Dinu SCA (Bucharest)
Introduction The Romanian Competition Council ("RCC") published in October 2014 a decision concerning the alleged discriminatory conditions created by the national legislative framework regarding the trade of dietary supplements in Romania ("RCC Decision"). The analysis carried out by the RCC (...)

U.S. Federal Court Provides Guidance on Treating Joint Ventures as a "Single Entity" for Antitrust Purposes (Premier)
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Cleveland)
The United States District Court for the Southern District of Ohio has unsealed its summary judgment opinion in The Medical Center at Elizabeth Place v. Premier Health Partners. The Court granted summary judgment in favor of the defendants—four hospital systems that operated pursuant to a joint (...)

The US District Court for the Southern District of Ohio holds that undertakings, even previously competing against each other, cease to be separate economic actors once they contractually agree to share in risks and profits by combining all of their income into a single bottom line (Premier Health)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Century City)
District Court Weighs in on Level of Integration Required to Shield Health Care Collaborations from Section 1 Scrutiny* In Medical Center at Elizabeth Place v. Premier Health Partners et. al, Case No. 12-cv-26 (S.D. Oh. Oct. 20, 2014), the Southern District of Ohio held that (...)

The US Supreme Court hears oral arguments before interpreting the state action exemption to the antitrust laws (North Carolina Board of Dental Examiners)
University of Michigan
On October 14, 2014, the Supreme Court will hear oral arguments in North Carolina Board of Dental Examiners v. FTC, the latest in its long line of cases interpreting the state action exemption to the antitrust laws. Dozens of amici have written briefs supporting both parties. Those briefs (...)

The Greek Competition Authority unanimously fines a professional association of Crete for price-fixing (Association of Dental Technicians)
Lambadarios Law Firm
I. Introduction On September 24, 2014 the Hellenic Competition Commission (hereinafter: HCC) unanimously decided that the Association of Dental Technicians of Crete (hereinafter: the Association) was guilty of price fixing and had thus violated Art. 1 L. 703/1977 and L. 3959/2011 (the national (...)

The Italian Competition Authority holds that provisions of the code of conduct for doctors and dentists limiting advertising restrict competition (FNOMCEO)
European Commission (Brussels)
Provisions of Code of Conduct for Doctors and Dentists Limiting Advertising Restrict Competition* On 4 September 2014, the Italian Competition Authority (ICA) adopted a decision against the National Federation of the Associations of Doctors and Dentists (FNOMCEO) concerning provisions of (...)

The Russian Competition Authority fines for the first time an ordering party for bid-rigging (Vodokanal)
Russian Federal Antimonopoly Service
For the first time Kemerovo Office of FAS fined an ordering party at competitive bidding* On 12th August 2014, the Office of the Federal Antimonopoly Service in the Kemerovo region (Kemerovo OFAS Russia) fined “Vodokanal” Ltd. (Leninsk-Kuznetsky) for violating the competitive bidding procedures. (...)

The Moscow Arbitration Court confirms the decision of the Russian Competition Authority having fined an undertaking for bid-rigging (Rosta)
Russian Federal Antimonopoly Service
Cassation Court confirmed legitimacy of fining “Rosta” CJSC 201 million RUB* On 19th June 2014, the Federal Arbitration Court of the Moscow District dismissed a cassation appeal of “Rosta” CJSC to abolish a determination of the Federal Antimonopoly Service (FAS Russia) that had held the company (...)

The Irish Competition Authority obtains an undertaking from the Irish Medical Association (The Irish Medical Organization)
Queen’s University Belfast
On May 28, 2014 the Irish Medical Organisation (IMO) provided an undertaking to the Irish High Court that the Medical Association would not: organise or recommend the collective withdrawal of services or boycotts by its members (i) as a means of influencing the Minister for Health and/or the (...)

The Irish High Court Competition receives an agreement containing undertakings of a medical association not to engage in anticompetitive behaviour (IMO)
Steve Szentesi Law Corporation
Antitrust & Associations: Two Association Related Output Restriction Cases – One Settling (Doctors), the Other Starting Up (Eggs)* On my media sweep earlier, two interesting trade association cases caught my eye, both including allegations of “output restriction” or “boycott” type activities. (...)

The Irish High Court Competition files a settlement accepted by a medical association not to engage in boycotts or collective withdrawal of services (IMO)
Irish Competition Authority
Competition Authority secures High Court undertakings from the Irish Medical Organisation* The Irish Medical Organisation (IMO) has today provided undertakings to the High Court (i) not to organise or recommend the collective withdrawal of services or boycotts by its members and (ii) to advise (...)

The US District Court for the Eastern District of Virginia denies motion to dismiss hearing in a case concerning an alleged exclusion from competing in health care markets (Dr. Yvoune Kara Petrie / Virginia Board of Medicine)
Bona Law (San Diego)
The Virginia Board of Medicine Violated the Antitrust Laws* Last week (17-23 March 2014) was a big antitrust week for the new law firm of Bona Law PC. First, it was the ABA Antitrust Spring Meeting, where antitrust lawyers from all over the world descend upon Washington, DC to obsess over (...)

The Bulgarian Commission for the Protection of Competition advocates for more competition on retail market of reimbursable drugs
European Commission (Brussels)
Bulgaria: The Commission for the Protection of Competition advocates for more Competition on Retail Market of Reimbursable Drugs* On 26 March 2014, the Commission for the Protection of Competition (CPC) adopted an advocacy opinion on the compatibility with competition rules of certain (...)

The Moscow Appeal Court upholds the decision of the Russian Competition Authority having sanctioned two pharmaceutical companies for bid-rigging (Rosta and Pharmstandart)
Russian Federal Antimonopoly Service
An Appeal Court confirmed legitimacy of a 200-million RUB fine imposed upon “Pharmstandart” OJSC for bid-rigging* On 24th March 2014, the 9th Arbitration Appeal Court pronounced legitimacy of holding “Pharmstandart” OJSC administratively liable and fining the company over 201 million RUB. In (...)

The US Supreme Court grants petition in a case concerning alleged exclusion of non-dentists from offering tooth-whitening services (North Carolina Board of Dental Examiners)
Orrick, Herrington & Sutcliffe (San Francisco)
U.S. Supreme Court to Decide When Professional Licensing Bodies Have Antitrust Immunity* The state action immunity doctrine shields private actors from antitrust liability if their activities are actively supervised by a state. But arms of the state itself generally don’t have to satisfy the (...)

The Italian Competition Authority establishes an anticompetitive agreement in the market for ophthalmic drugs used to treat vascular eyesight diseases (Roche / Novartis)
Stanford University - Stanford Law School
Italian Competition Authority imposes hefty fines on Roche and Novartis* On 27 February 2014, the Italian Competition Authority (“ICA”) issued a decision (in Italian only) finding that Roche and Novartis entered into an anticompetitive agreement in the market for ophthalmic drugs used to treat (...)

The Japanese Fair Trade Commission takes action against a trade association for its alleged participation in price-fixing the fees for voluntary flu shots service (Yoshikawa Matsubushi Medical Association)
Steve Szentesi Law Corporation
Antitrust & Associations: German, Japanese Antitrust Authorities Take Action Against Associations in Price-fixing Cases* In two interesting trade association related cases that caught my eye today, the German (Bundeskartellamt) and Japanese (Fair Trade Commission – “JFTC”) antitrust (...)

A US Court of Appeals upholds the judgment of the lower court dismissing claims of conspiracy to restrain trade and attempted monopolization on the market for prosthetic microprocessor knees (DAW Industries / Hanger Orthopedic Group)
Sheppard Mullin (Los Angeles)
Ninth Circuit Once Again Affirms That Malicious Actions To Destroy A Competitor Do Not State An Antitrust Claim Unless Accompanied By Injury To Competition* On February 24, 2014, the Ninth Circuit Court of Appeals affirmed the lower court’s grant of summary judgment dismissing DAW Industries’ (...)

The New Zealand Commerce Commission issues warning over no discounting clause implemented by community pharmacies association (DHB / Pharmacy Guild)
Steve Szentesi Law Corporation
Antitrust & Associations: Recent New Zealand Case a Reminder that Voluntary Industry Associations are Not Price Regulators* A New Zealand association related case announced today is a recent reminder that voluntary industry associations are not price regulators (see: Commission issues (...)

The New Zealand Commerce Commission issues warning pursuant to the removal of the restrictive clause from the community pharmacy services agreement (DHB / Pharma Association)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission issues warning over ‘no discounting’ clause* The Commerce Commission has warned all New Zealand District Health Boards (DHBs) and pharmacies nationwide that “no discounting” clauses in the 2012 Community Pharmacy Services (...)

The Moscow Appeal Court upholds the decision of the Russian Competition Authority having sanctioned tenderers for bid-rigging (Rosta)
Russian Federal Antimonopoly Service
The Appeal Court confirmed legitimacy of a 201 million RUB fine imposed upon a bid-rigger* On 6th February 2014, the 9th Arbitration Appeal Court pronounced legitimacy of holding “Rosta” CJSC administratively liable and fined the company over 201 million RUB. On 25th May 2012, the Federal (...)

The Romanian Competition Authority imposes fines on companies active on market for dental products (Vita Germany a. o.)
European Commission (Brussels)
Romania: Fines imposed on Companies active on Market for Dental Products* On 5 February 2014, the Romanian Competition Council (RCC) announced in a press release that it had imposed fines totalling € 102 613 on five companies for agreeing on the maximum discount that could be offered by (...)

The Italian Competition Authority opens an Article 101 TFEU investigation into bid-rigging practices in the health sector (Octreotid Supplies)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) will investigate into bid rigging practices that are thought to have affected a number of tender procedures organized by some regional health authorities for the award of contracts for the supply of a tumour drug (Case I770 Octreotid Supplies). The facts (...)

The Hungarian Competition Authority imposes fines for resale price maintenance on the market for dental handpieces (Dentalwerk Bürmoos)
Hungarian Competition Authority (Budapest)
Restrictive agreements on the market of dental handpieces* The Hungarian Competition Authority (Gazdasági Versenyhivatal – GVH) established that W&H Dentalwerk Bürmoos GmbH and certain of its distributors had breached EU competition rules by concluding restrictive agreements which fixed the (...)

The French Competition Authority publishes opinion on medicinal distribution sector
European Commission (Brussels)
France: The Autorité de la concurrence publishes Opinion on Medicinal Distribution Sector* In February 2013, the Autorité de la concurrence (the Autorité) launched a vast sector inquiry in order to examine the competitive factors at play throughout the distribution chain for medicinal products. (...)

The Australian Competition and Consumer Commission decides to re-authorise collective bargaining arrangements put forward by the national medical association for ten years (NSW)
Australian Competition and Consumer Commission
ACCC reauthorises AMA (NSW) to collectively bargain* The Australian Competition and Consumer Commission has decided to re-authorise collective bargaining arrangements put forward by the Australian Medical Association (NSW) for ten years. The AMA (NSW) sought authorisation to continue to (...)

The Italian Competition Authority opens an enquiry into an alleged market sharing agreement in the private healthcare sector (Sanità privata nella regione Abruzzo)
Desogus Law Office (Cagliari)
In the Sanità privata nella regione Abruzzo (Healthcare Private Providers) case, by the decision made on 6 November 2013, the Italian Competition Authority (ICA) has opened an investigation against a number of private healthcare providers, Synergo, Villa Serena, Di Lorenzo and Villa Letizia. (...)

The Australian Competition and Consumer Commission reauthorises doctors associations to continue to collectively negotiate with state and territory health departments (RDAA)
Australian Competition and Consumer Commission
ACCC reauthorises Rural Doctors to collectively negotiate* The Australian Competition and Consumer Commission has allowed the Rural Doctors Association of Australia (RDAA) and its state associations to continue to collectively negotiate with state and territory health departments, on behalf of (...)

The Australian Competition and Consumer Commission issues a draft determination proposing to re-authorise collective bargaining arrangements on behalf of visiting medical officers in public hospitals (NSW)
Australian Competition and Consumer Commission
ACCC proposes to reauthorise AMA (NSW) to collectively bargain* The Australian Competition and Consumer Commission has issued a draft determination proposing to re-authorise collective bargaining arrangements put forward by the Australian Medical Association (NSW) for ten years. The AMA (NSW) (...)

The Turkish Competition Authority finds that optimum price system of the multinational producer of hygiene, health and home care products does not amount to resale price maintenance, but its non-competition clauses do not benefit from block exemption (Reckitt Benckiser)
University of Sussex
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that optimum price system of the multinational producer of hygiene, health and home care products, Reckitt Benckiser, did not amount to resale price maintenance, but its non-competition clauses (...)

The Australian Federal Court establishes that the defendant has been directly knowingly involved in the anticompetitive arrangements and imposes criminal sanctions (Chaste Corporation)
Australian Competition and Consumer Commission
Peter Foster sentenced for contempt of court* The Federal Court has sentenced Peter Foster to three years imprisonment, with 18 months to be served and 18 months suspended, for contempt of court. Justice Logan also placed conditions on Mr Foster’s involvement in the weight loss, cosmetic or (...)

The Australian Competition and Consumer Commission opposes fee arrangements by ophthalmologists
Australian Competition and Consumer Commission
ACCC opposes fee arrangements by ophthalmologists* The Australian Competition and Consumer Commission has decided not to allow members of the Australian Society of Ophthalmologists (ASO) to reach agreements within shared practices as to the fees to be charged for ophthalmic services. There (...)

The Swedish Competition Authority files an application for competition damages against allegedly collusive health care undertakings (Aleris / Capio / Hjärtkärlgruppen)
Swedish Competition Authority (Stockholm)
Fines demanded for collusion in care and treatment procurement* The Competition Authority has petitioned that three companies within the care and treatment business are to be sentenced to pay a total of almost SEK 30 million in fines as they have colluded during a public procurement. In 2008, (...)

The Chinese NDRC announces penalties of CNY 668 million imposed for an agreement on resale price maintenance on the market for baby milk formula
AnJie Law (Beijing)
Chinese Antitrust Agency Imposed Record Fines on Baby Formula Brands An Analysis on the Application of the Leniency Program under the PRC Anti-Monopoly Law* Background of Record-Breaking Fine Late June of this year, it was reported that the National Development and Reform Commission (“NDRC”) (...)

The Chinese NDRC imposes fines on several foreign infant milk formula companies for price fixing (Nestlé, Abbott Laboratories)
King & Wood Mallesons (New York)
The Second RPM Investigation by NDRC within this Year* In May 2013, the National Development and Reform Commission (“NDRC“) initiated the investigation against several infant formula companies for the alleged violation of Article 14 of the Antimonopoly Law (“AML“). This is the second (...)

The Chinese Shanghai People’s High Court awards damages to be paid by a major US-headquartered healthcare supplier for vertical restrictive practices (Rainbow / Johnson & Johnson)
AnJie Law (Beijing)
Chinese Court’s Roadmap on Vertical Monopoly Analysis: Some Comments on the Final Judgment on Rainbow vs. Johnson & Johnson Case* On August 1 2013, Shanghai People’s High Court (the Court) handed down judgment on the first private antitrust action involving vertical agreements under the (...)

The Chinese Shanghai Higher Court renders final judgment in first antitrust private action (Rainbow / Johnson & Johnson)
King & Wood Mallesons (New York)
Chinese Court Rendered Final Judgment on Rainbow v. Johnson & Johnson – the First Antitrust Private Action of Vertical Monopolistic Agreement* On 1 August 2013, the very same day of the fifth anniversary of China’s Anti-Monopoly Law (“AML”), Shanghai Higher People’s Court (“Shanghai Higher (...)

The French Competition Authority carries out an inquiry in the area of prescription medicine distribution in private practices
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence is submitting to public consultation an initial assessment in which it has identified several potential sticking points* Medicinal products are the second-largest (...)

The German Competition Authority concludes a cartel administrative proceeding against an ophthalmologists cooperative and a health insurance fund (Augenärztegenossenschaft Brandenburg / AOK Nordost)
German Competition Authority (Bonn)
Bundeskartellamt opens up competition among ophthalmologists from different federal states in Germany* The Bundeskartellamt has concluded a cartel administrative proceeding against the Brandenburg ophthalmologists cooperative "Augenärztegenossenschaft Brandenburg" and the health insurance fund (...)

The EU Commission fines pharmaceutical companies for delaying market entry of generic medicines through pay-for-delay agreements (Lundbeck)
European Commission (Brussels)
European Commission: Lundbeck and other Pharmaceutical Companies fined for delaying Market Entry of Generic Medicines through pay-for-delay Agreements* On 19 June 2013, the European Commission (the Commission) imposed a fine on the Danish pharmaceutical company Lundbeck and a number of (...)

The US Supreme Court issues first ruling on antitrust legality of reverse-payment drug patent settlements (Actavis)
Rutgers University
On June 17, 2013, in FTC v. Actavis, the U.S. Supreme Court for the first time examined the antitrust legality of agreements by which brand-name drug companies pay generics to delay entering the market. Justice Stephen Breyer wrote the majority opinion for five Justices, concluding that these (...)

The French Competition Authority fines associations of veterinaries for entering into an anticompetitive agreement (Conseil Regional de l’Ordre des Vétérinaires d’Alsace & Section du Bas-Rhin du Syndicat National des Vétérinaires d’Exercice Libéral)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the Conseil Regional de l’Ordre des Vétérinaires of Alsace [1] and the Veterinary Surgeons’ Union of Bas-Rhin for entering into an anticompetitive agreement*. Today, the (...)

A U.S. Court of Appeals narrows the state action exemption (North Carolina State Board of Dental Examiners)
Jones Day (Washington)
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Jones Day (Washington)
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Columbia University
The Fourth Circuit Court of Appeals has ruled that North Carolina’s Dental Board cannot ban non-dentists from offering teeth-whitening service, upholding the Federal Trade Commission’s finding that the practice was anticompetitive. The ruling represents the FTC’s latest victory in its push to (...)

The Competition Authority of Bosnia & Herzegovina prosecutes healthcare administration for limiting competition in the regional market for medicines reimbursed under state health insurance system (Health Insurance Office of the Republic of Srpska)
University of Technology (Tallinn)
On 18 April 2013 the Competition Authority of Bosnia & Herzegovina (KV) established that the Health Insurance Office of the Republic of Srpska (the Office) by adopting mandatory minimum wage requirements applied to the pharmacies participating in the reimbursement of medicines supplied to (...)

The US FTC settles illegal information exchange allegations with hair restoration company (Bosley)
Kirkland & Ellis (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
,
General Electric (Washington)
On April 8, 2013, the Federal Trade Commission (FTC) announced a proposed settlement with hair restoration company Bosley, Inc. to resolve allegations that Bosley illegally exchanged competitively sensitive, nonpublic business information with competitor HC (USA), Inc., commonly known as Hair (...)

The District Court Rotterdam finds insufficient proof for existence of agreement on non-compete clause (Stichting Carinova and Stichting Carint-Reggeland)
CMS EU Law Office (Brussels)
I. Facts On 21 October 2010, the Dutch Competition Authority (the former Nederlandse Mededingingsautoriteit, as of April 2013, Autoriteit Consument & Markt, hereinafter "ACM") imposed a fine on two foundations, Carint-Reggeland (hereinafter "Carint") and Carinova, totaling an amount of € (...)

The Indian Competition Appellate Tribunal upholds NCA’s finding that three medical equipment/systems suppliers had engaged in bid-rigging (Safdarjung Hospital)
Shardul Amarchand Mangaldas & Co (New Delhi)
SUMMARY In the Safdarjung Hospital Case, the Competition Commission of India found that three medical equipment/systems suppliers had engaged in bid-rigging contrary to Section 3 of the Competition Act, 2002, and imposed a penalty on each of 5% of its average annual turnover over two/three (...)

The Italian Supreme Court holds that the violation of an anticompetitive agreement did not constitute unfair competition (Ordine dei Farmacisti della Provincia di Caserta)
Cleary Gottlieb Steen & Hamilton (Rome)
On 8 February 2013, the Italian Supreme Court (the “Court”) quashed a decision by the [Commissione centrale per gli esercenti le professioni sanitarie] (the national commission for healthcare operators; the “National Commission”), which, in turn, had upheld a ruling by the [Ordine dei Farmacisti (...)

The Italian Competition Authority launches an investigation against a cartel allegedly carried out by two pharmaceutical companies (Roche, Novartis)
Desogus Law Office (Cagliari)
The Italian Competition Authority launches an investigation against a cartel allegedly carried out by Roche and Novartis in the pharmaceutical market (Roche Novartis) The facts of the case The Italian Competition Authority (ICA) has opened an Article 101 TFEU proceedings against Roche and (...)

The EU Commission sends SOs to two pharmaceutical companies over possible delayed entry of generic (Johnson & Johnson and Novartis)
Van Bael & Bellis
On 31 January 2013, the European Commission announced that it had sent a Statement of Objections (“SO”) to pharmaceutical companies Johnson & Johnson (“J&J”) and Novartis over suspicions that an agreement between their Dutch subsidiaries in relation to Fentanyl (a strong pain killer (...)

The Paris Court of Appeal dismisses an action from a cosmetics manufacturer against a decision of the French Competition Authority that sanctioned it for prohibiting its authorised distributors from Internet sales (Pierre Fabre Dermo-Cosmétique)
Kalliopé Société d’Avocats
On 31 January 2013, the Paris Court of Appeal ("the Court") dismissed an action by Pierre Fabre Dermo-Cosmétique SAS ("Pierre Fabre") against a decision of the French Competition Authority ("the FCA") dated 29 October 2008 ("the Decision") ordering Pierre Fabre to amend its selective (...)

The Jiangsu Administration for Industry and Commerce investigates unfair one-sided clauses while monopoly conduct in online shopping becomes a regulatory focus
China Competition Bulletin (Beijing)
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China Competition Bulletin (Beijing)
,
Institute of American Studies
The Jiangsu Administration for Industry and Commerce (Jiangsu AIC) investigated one-sided unfair clauses in 12 industries. The 12 industries were water supply; electricity supply; gas supply; telecommunication services; cable television; real estate transactions; interior decoration and (...)

The Moscow Arbitration Court upholds FAS Russia ruling on cartel during online open tenders (Eske, Borodina, Sirius, Blitz)
Simmons & Simmons (London)
Background & Proceedings On the 11/08/2011 theFederal Antimonopoly Service of Russian Federation began investigation of the alleged breach of the Federal Law 26.07.2006 № 135-ФЗ "On Protection of Competition" by private entrepreneur Eske, (Еске Н.Ю.), private entrepreneur Borodina (Бородинa М.А.), (...)

The Slovenian Competition Authority finds that a professional medical association infringed competition law by fixing medical tariffs (Zdravniška zbornica Slovenije)
Criterion Economics
In September 2012, the Slovenian Competition Authority (hereinafter: Competition authority) issued a decision finding that the Slovenian Medical Chamber (hereinafter: Medical Chamber) violated Article 6 of the Prevention of Restriction of Competition Act (hereinafter: PRCA), and Article 101 of (...)

A US Attorney General launches a wide investigation into whether increasing consolidation among hospitals and physician groups may be resulting in supra-competitive prices for medical care
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Century City)
California Attorney General Becomes the Latest Antitrust Enforcer to Investigate Hospital/Doctor Group Combinations* California’s Attorney General has recently launched a broad investigation into whether increasing consolidation among hospitals and physician groups may be resulting in (...)

The UK OFT reveals that eight NHS trusts have been engaged in the exchange of commercially sensitive information (SPHA)
University of Cambridge
Competition law and the National Health Service* On 16 August 2012 the Office of Fair Trading revealed that eight NHS trusts had been engaged in the exchange of commercially sensitive information. The information related to the price each would charge self-paying patients, or patients’ (...)

The Argentinean Federal Court of Appeals confirms fines against cartel’s members in the sector of liquid and gas oxygen used for medical purposes (Air Liquid, Messer Argentina, Praxair, AGA, Indura)
De Dios & Goyena
The Civil and Federal Court of Appeals of the City of Buenos Aires (FCA), 3rd Division, has confirmed a cartel investigation and the sanctioning imposed by the Argentine National Commission for Defense of Competition (CNDC) against certain key players in the field of liquid and gas oxygen used (...)

The Hellenic Competition Commission issues an interim measures order prohibiting a collective boycott by a pharmacists association (Infant Milk)
Bank of Greece
Introduction On 27 July 2012, the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) issued an interim measures order prohibiting the implementation of a collective boycott relating to infant milk products of certain companies. The boycott was adopted by the (...)

The Lisbon Court of Appeal upholds first instance decision on competition authority’s pharmaceutical companies case (Baxter – Médico Farmacêutica and Glintt)
European Commission (Brussels)
Portugal: The Lisbon Court of Appeal upholds First Instance Decision on Competition Authority’s Pharmaceutical Companies Case * On 10 July 2012, the Lisbon Court of Appeal (2nd instance Court) rejected the appeal lodged by Baxter– Médico Farmacêutica, Lda., and Glintt – Business Solutions, Lda., (...)

The Lithuanian Supreme Administrative Court upholds NCA’s decision on anticompetitive agreements in the orthopaedic products sector (Idemus, Ortopagalba, Ortopedijos centras)
European Commission (Brussels)
Lithuania: The Supreme Administrative Court upholds Competition Authority’s Decision in Orthopaedic Products Case* On 17 May 2012, the Supreme Administrative Court of Lithuania (the Supreme Court) definitively upheld the decision of the Competition Council of the Republic of Lithuania (CC) of (...)

The Bulgarian Competition Authority sanctions a medical professional association for adoption of minimum tariffs for medical appointments (Bulgarian Medical Association)
University of Technology (Tallinn)
On 3 May 2012 the Bulgarian Competition Authority (CPC) prosecuted the Bulgarian Medical Association (BLS) for the adoption of minimum tariffs for medical appointments applied towards patients outside the national health insurance system. For the established infringement of the national (...)

The Competition Commission of India finds that three medical equipment/systems suppliers engaged in bid-rigging (Safdarjung hospital)
Shardul Amarchand Mangaldas & Co (New Delhi)
SUMMARY The Competition Commission of India established that three medical equipment/systems suppliers had engaged in bid-rigging in a tender for the supply of equipment/systems to the Sports Injury Centre of Safdarjung Hospital in New Delhi in breach of Section 3 of the Competition Act, 2002. (...)

The US District Court of Detroit dismisses antitrust claims against practice of requiring hospitals to enter into "MFN-Plus" contracts (City of Pontiac / Blue Cross Blue Shield)
Sheppard Mullin (Los Angeles)
District Court Dismisses Follow-On Suit Challenging Blue Cross’s “MFN-Plus’ Contracts Under Both Per Se and Rule of Reason Standards* The District Court for the Eastern District of Michigan recently dismissed antitrust claims brought by the City of Pontiac against Blue Cross Blue Shield of (...)

The Competition Authority of Bosnia & Herzegovina addresses anti-competitive regulations in the regional market for medicines reimbursed under national health insurance system (Cantonal Government of Zenica-Doboj and the Cantonal Health Insurance Office of Zenica-Doboj)
University of Technology (Tallinn)
On 28 February 2012 the Competition Authority of Bosnia & Herzegovina (KV) established that the Cantonal Government of Zenica-Doboj (Ze-Do Government) and the Cantonal Health Insurance Office of Zenica-Doboj (Ze-Do Office) by adopting a series of sector-specific regulations have restricted (...)

An Italian administrative court upholds the Competition Authority granting of full immunity and fine reductions to participants in the cosmetic and health care products cartel under the leniency programme (Reckitt Benckiser)
Desogus Law Office (Cagliari)
On appeal on the Cartel of large retailers for cosmetics and health care products decision of the Italian Competition Authority (ICA) the Regional Administrative Tribunal of Latium (Tar Latium) examined full immunity and fine reductions granted to a number of cartelists pursuant to the ICA (...)

The Chinese National Development and Reform Commission imposes heavy fines on two pharmaceutical companies for monopoly pricing (Shuntong / Huaxin)
China Competition Bulletin (Beijing)
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China Competition Bulletin (Beijing)
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Institute of American Studies
The NDRC has imposed fines of almost CNY 7 million, confiscated illegal gains, and imposed a cease-and-desist order on two pharmaceutical companies for monopoly pricing. The decision is the first time that the NDRC has imposed significant penalties for a breach of the AML since the law (...)

The US DoJ issues in conjunction with the Department of Health and Human Services final statement as regards collaborations of independent health care providers and provider groups
Sheppard Mullin (Los Angeles)
,
Sheppard Mullin (Century City)
No Mandatory Antitrust Review for ACOs* The Department of Justice and Federal Trade Commission recently issued their final "Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program" pursuant to the 2010 Patient (...)

The Romanian Competition Council fines two suppliers of prescription-only medicines and their distributors for parallel export restrictions (Baxter / Belupo)
Peli Filip
,
Peli Filip
On 28 October 2011, the Romanian Competition Council (the “Council”) published Decisions n° 51 and 52/28.10.2011 sanctioning two suppliers of prescription-only medicines - Belupo Iijekovi & kozmetica d.d. Croatia (“Belupo”) and Baxter AG Switzerland (“Baxter”) - and their distributors on the (...)

The US FTC and the US DOJ issue final policy statement of antitrust enforcement policy regarding "accountable care organizations"
Mayer Brown (Washington)
,
Mayer Brown (Washington)
Analysis of Policy Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations* Section 2706 of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 ("PPACA" or the "Act") authorizes physicians, hospitals and other (...)

The US Supreme Court denies petition to review alleged antitrust conspiracy case in the health care sector (UPMC / West Penn Allegheny Health System)
Wolters Kluwer (Riverwoods)
Antitrust Decision from Supreme Court Unlikely During Current Term* It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court (...)

The Lisbon Commercial Court confirms the Competition Authority’s decision prohibiting a retail price maintenance agreement regarding equipment used in hospital pharmacies with a reduction of the fines (Hospitals’ Public Tenders)
European Commission (Brussels)
Portugal: The Lisbon Commercial Court confirms Competition Authority’s Decision on RPM affecting Hospitals’ Public Tenders* On 12 September 2011, the Lisbon Commercial Court (the Court) confirmed the Portugal Competition Authority’s (PCA) decision prohibiting a retail price maintenance (RPM) (...)

A US federal court explains its denial of motion to dismiss in Most Favored Nation -MFN- clauses decision in the health care industry (Blue Cross Blue Shield of Michigan)
Wolters Kluwer (Riverwoods)
Federal/State Antitrust Suit Against Blue Cross Blue Shield of Michigan Can Proceed* Last week, the federal district court in Detroit denied Blue Cross Blue Shield of Michigan’s motion to dismiss a federal/state antitrust action challenging the health insurer’s use of most favored nation (MFN) (...)

The Czech Supreme Administrative Court confirms anticompetitive conduct regarding the sale of prescription for medicinal products (Czech Chamber of Pharmacists)
Kinstellar (Prague)
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Kinstellar (Prague)
Subject matter of the case In the Czech Republic, prescriptions for medicinal products subject to prescription are subject to prescription fees. Some pharmacies have come up with a new marketing practice whose purpose is to attract new customers they offer to refund the prescription fee for (...)

A US Court of Appeals precludes tying claims brought by an hospital upholding the direct-purchaser rule under the Illinois Brick doctrine (Warren General Hospital/Amgen)
Wolters Kluwer (Riverwoods)
Illinois Brick Direct-Purchaser Rule Precludes Tying Claims by Hospital* The U.S. Court of Appeals in Philadelphia earlier this week reaffirmed the “bright-line” rule limiting federal antitrust standing to direct purchasers. The court upheld dismissal (CCH 2010-1 Trade Cases ¶77,043) of an (...)

The Spanish National Court applies the ECJ "dual pricing" ruling to quash a decision by the Spanish Competition Commission concerning prices imposed to wholesalers by pharmaceutical company (Pfizer)
CMS Albinana y Suarez de Lezo (Madrid)
The Spanish National Court has applied the landmark ECJ dual pricing ruling to quash a decision by the Spanish Competition Commission dismissing a complaint against Pfizer’s pricing policy for pharmaceutical products. On 13 June 2011, the Spanish National Court («Audiencia Nacional« or «the (...)

The EU Commission opens investigation against two pharmaceutical companies on account of patent settlement agreement (Cephalon / Teva)
Van Bael & Bellis
On 28 April 2011, the European Commission opened of its own motion formal competition proceedings against Cephalon, Inc. (“Cephalon”) and Teva Pharmaceutical Industries, Inc. (“Teva”) on account of a patent settlement agreement between the parties. Under the agreement, Teva undertook not to sell (...)

The Paris Court of Appeal fines a pharmaceutical company € 17 M for unfair competition when launching a new drug (Ipsen/Mylan)
EDHEC Business School
1. Summary Mylan, the generic pharmaceutical company (formerly Merck Génériques), was ordered by the Paris Court of Appeal to pay €17 million in damages to Ipsen for unfair competitive practices and economic parasitism by marketing Vitalogink to pharmacists as an "equivalent" to Tanakan and (...)

The ECJ Advocate General Mazak recommends that prohibition on internet sales be per se infringement (Pierre Fabre Dermo-Cosmétique)
Jones Day (Brussels)
,
Jones Day (Brussels)
,
Jones Day (Dusseldorf)
On March 3, 2011, Advocate General (AG) Mazák delivered an opinion to the European Court of Justice (ECJ) in Pierre Fabre Dermo-Cosmétique SAS (PFDC). PFDC, a French manufacturer of cosmetics and personal care products, prohibited its retailers from selling via the Internet. AG Mazák advised the (...)

The US FTC issues an opinion denying antitrust exemption to a dental board blocking non-dentists from providing teeth-whitening services in accordance to the state action doctrine and democracy rules (The North Carolina State Board of Dental Examiners)
Cleveland-Marshall School of Law
North Carolina Dentists and the FTC’s Anti-Exemptions Mission: Is Antitrust Consistent With Democracy? (Yes, actually. It is.)* Some commentators are pretty alarmed over the Federal Trade Commission’s ruling earlier this year denying antitrust immunity for a North Carolina regulatory board’s (...)

The Lithuanian Competition Council imposes fines totalling € 854 205 on producers of orthopedic products and their association (Actualis, Idemus, Ortobatas)
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Italian Competition Authority fines a number of large retailers for cosmetic and health care products (Cartel of large retailers for cosmetic and health care products)
University of Turin
Italy’s competition authority (“ICA”) has fined 15 companies, including units of Sara Lee Corp., L’Oreal and Johnson & Johnson, more than € 81 M ($ 107 M) for an alleged long-running scheme to coordinate list prices sent to large retailers for cosmetic and health care products. The highest fine, (...)

The Bulgarian Commission for Protection of Competition closes a probe into alleged bid-rigging among suppliers of pharmaceuticals without establishing an infringement (Alta Pharmaceuticals, Roche)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the «CPC») closed an investigation into alleged bid-rigging practices among suppliers of pharmaceuticals absent collaborative evidence of price coordination and with further regard to the transparency-enhancing effects of the domestic (...)

The Portuguese Competition Authority punishes resale price maintenance affecting hospitals’ public tenders
European Commission (Brussels)
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The EC fines French pharmacists association for imposing minimum prices on French market of clinical analysis tests (Ordre national des pharmaciens)
Forchelli, Curto, Deegan, Schwartz, Mineo & Terrana, LLP
On December 8, 2010, the European Commission (“EC”) announced the imposition of fines totaling €5MM ($6.6MM) on the Ordre National des Pharmaciens (“ONP”) and its “governing bodies”for “violation of EU antitrust rules . . . on restrictive business practices.” In doing so, the EC fined an “association (...)

The Romanian Competition Authority prosecutes seven tourism companies for price-fixing, market sharing and bid rigging practices (Tourism Cartel)
University of Technology (Tallinn)
On 15 June 2009 the Romanian Competition Authority (CC) initiated an investigation concerning the existence of anticompetitive agreements among several undertakings that provided accommodation and treatment services at the Olănești spa resort. The CC suspected that seven tourism companies have (...)

The Hungarian Metropolitan Court of Appeal upholds an infringement decision of the NCA concerning an exclusive supply and purchasing arrangement and finds that the addressees of the decision have no standing to challenge immunity granted to another party (Kortex Mérnöki Iroda)
Ernst & Young
The Metropolitan Court of Appeal upheld a decision of the Hungarian Competition Authority concerning an exclusive supply – exclusive purchasing arrangement and found that the addressees of the decision have no standing to challenge immunity granted to another party. I. The background of the (...)

The French Court of Appeals holds that the EU principle of intragroup immunity does not apply to coordinated offers made by "seemingly" independent entities (Maquet)
Jones Day (Paris)
Undertakings with a (seemingly) divided self: Beware* It is commonly accepted that, pursuant to the principle of intragroup immunity, Article 101 TFEU cannot catch agreements or concerted practices between entities that belong to the same undertaking. Article 101 TFEU requires coordination (...)

The US DoJ challenges "most favoured nations" clauses in the healthcare sector, analyzing their anticompetitive effects under section 1 of the Sherman Act (Blue Cross Blue Shield of Michigan)
Richard Wolfram, Esq. (New York)
‘Most Favored Nations’ (MFN) Clauses under the Spotlight: U.S. v. Blue Cross Blue Shield of Michigan — When Might Otherwise Competitively Neutral or Procompetitive MFN Clauses Violate the Antitrust Laws?* On October 18, 2010, the U.S. Department of Justice and the State of Michigan sued Blue (...)

The US DoJ and the State of Michigan file a complaint against health insurance provider alleging that its most favored nation clauses violate section 1 of the Sherman Act (Blue Cross Blue Shield of Michigan)
Wolters Kluwer (Riverwoods)
Health Insurer Sued over Most Favored Nation Clauses* It has been more than a decade since the U.S. Justice Department has brought an antitrust challenge to enjoin the use of “most favored nation” clauses in the health care industry. Many of the more recent, civil non-merger actions against (...)

The US DoJ targets so-called “most favored nation” - MFN - agreements in the health care industry (Blue Cross Blue Shield of Michigan - BCBSM)
Gibson Dunn (New York)
U.S. Dep’t of Justice Targets MFN Agreements* The U.S. Department of Justice (DOJ) is seeking to curb the use of so-called “most favored nation” (MFN) agreements — a common business practice that the DOJ believes can sometimes result in anticompetitive effects when entered into by a dominant (...)

The California Supreme Court rejects pass-on defense under Cartwright Act in price fixing case in the pharmaceutical industry (Clayworth, Pfizer)
Wolters Kluwer (Riverwoods)
California Supreme Court Rejects Pass-On Defense in Price Fixing Case* By Jeffrey May, Wolters Kluwer Law & Business In a case of first impression, the California Supreme Court recently decided that alleged victims of a price fixing scheme can pursue treble damages claims under the (...)

The German Competition Authority fines a cartel of ophthalmic lenses manufacturers (Rodenstock)
European Commission (Brussels)
Germany: Manufacturers of Ophthalmic Lenseh es Cartel fined On 10 June 2010, the Bundeskartellamt imposed fines totalling € 115,000,000 on five leading manufacturers of ophthalmic lenses in Germany (Rodenstock GmbH, Munich, Carl Zeiss Vision GmbH, Aalen, Essilor GmbH, Freiburg, Rupp+Hubrach (...)

The German Competition Authority imposes total fines of € 115 M in the sector of spectacle lenses (Carl Zeiss Vision, Essilor, Hoya Lens Deutschland, Rodenstock and Rupp+Hubrach Optik)
Van Bael & Bellis (Brussels)
According to a press release of 28 May 2010, the German Federal Cartel Office (“FCO”) has imposed fines totalling € 115 million on five manufacturers of spectacle lenses, seven employees and a national association of opticians (“ZVA”) for their involvement in two cartel agreements. The companies (...)

The Danish High Court overturns judgment by District Court on price fixing (Veterinary surgeons)
Danish Competition and Consumer Authority (Copenhagen)
On 19 May 2010, the Western High Court overturned a judgment by the District Court of Århus which had imposed fines on the seven veterinary surgeons for fixing prices for the provision of veterinary services outside normal opening hours contrary to section 6 of the Danish Competition Act (...)

The Supreme Court of Ireland holds that Medical Council is not an association of undertakings for the purposes of competition law (Ramadan Hemat)
Arthur Cox (Dublin)
Ramadan Hemat v the Medical Council[2010] IESC 24 concerns a Supreme Court appeal arising out of a decision of Mr Justice McKechnie in the High Court. The question before the appeal court was whether the Medical Council was an association of undertakings for the purposes of competition law at (...)

The Belgian Civil Supreme Court upholds the decision of the Appeal committee of the Pharmacists professional body (V.D.F.M/Ordre des pharmaciens)
Fidal (Lyon)
1. Introduction In its judgment of 11 December 2009, the Belgian Civil Supreme Court (Cour de Cassation) confirmed the decision of the Appeal Committee of the Ordre des pharmaciens which ruled that competition can be restricted by a College of Pharmacists for the protection of the public (...)

The French Competition Authority sanctions a professional association for having called for a boycott of opticians on the replacement of glasses without a prescription sector (Syndicat national des ophtalmologistes de France - SNOF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence sanctions the French national association of ophthalmologists (Syndicat national des ophtalmologistes de France - SNOF) for having called for a boycott of opticians affiliated (...)

The Competition Authority of Bosnia & Herzegovina investigates tender procedures for the supply of the vaccines organized by the State health insurance office (Pharma-Maac)
University of Technology (Tallinn)
On 21 October 2009 the Competition Authority of Bosnia & Herzegovina (KV) received a complaint lodged by the pharmaceuticals trading company Pharma-Maac. The applicant alleged the existence of anticompetitive agreement between the Health Insurance Office of the Sarajevo Canton (hereinafter: (...)

The Danish City Court of Århus inflicts an unsubstantial fine for price fixing (Veterinary surgeons)
Danish Competition and Consumer Authority (Copenhagen)
On 24 February 2010, the Danish City Court of Århus imposed fines on seven veterinary surgeons - each in the amount of DKK 75,000 (EUR 10,000) - for fixing prices for visits outside normal opening hours contrary to Section 6 of the Danish Competition Act (equivalent to Article 101 EU). (...)

The Spanish Competition Authority fines € 2 M hospital waste management companies for market-sharing arrangement (Consenur, Cespa, Interlun and Sistemas Integrales Sanitarios)
Van Bael & Bellis (Brussels)
On 20 January 2010, the Spanish Competition Authority fined four undertakings active in the management of hospital waste in Spain − Consenur, Cespa, Interlun and Sistemas Integrales Sanitarios − for having entered into certain market-sharing arrangements since 1997 in breach of the provision (...)

The Spanish Competition Commission fines four medical companies for market allocation in the sector of medical waste management services for public healthcare providers (Consenur, Cespa Gestion de Residuos, Interlun, and Sistemas Integrales Sanitarios)
European Commission - DG COMP (Brussels)
,
Cuatrecasas, Gonçalves Pereira
On January 18, 2010, the Spanish Competition Commission (Comisión Nacional de la Competencia, the “CNC”) fined four medical waste management companies (Consenur, S.A [“Consenur”], Cespa Gestion de Residuos S.A. [“Cespa”], Interlun S.L. [“Interlun”], and Sistemas Integrales Sanitarios [“SIS”]) €7,045,000 (...)

The EU Commission monitors whether patent settlements concluded between pharmaceutical companies infringe EU antitrust rules
Morgan Lewis (London)
,
Squire Patton Boggs (London)
On 12 January 2010, the European Commission sent an information request to a number of pharmaceutical companies, seeking copies of their patent settlement agreements, to check their compliance with EU antitrust rules (Official Press Release IP/10/12), as a follow up to its pharmaceutical sector (...)

The Italian Competition Authority accepts commitments submitted by an association of undertakings in order to cease possible violation of Art. 101 TFUE regarding professional fees (Council of psychologists)
Codacons
The "Consiglio Nazionale dell’Ordiene degli Psicologi" ("CNOP") is the organ which represents the Council of psychologists at national level: it approves the professional ethics code, it manages the internal organization, compiles the balance sheets, and ensures the respect of the legislation, (...)

The Lisbon Commercial Court holds pharmaceutical companies guilty of 63 breaches on Portuguese competition law (Abbott Laboratórios, Menarini Diagnóscitos and Johnson & Johnson)
The Lisbon Commercial Court, confirming the decision of the Portuguese Competition Authority, held that the undertakings of Abbott Laboratórios Lda., Menarini Diagnóscitos Lda. and Johnson & Johnson Lda. were proven to be guilty of 63 breaches of the Portuguese competition law rules. (...)

The Lisbon Commerce Court confirms decision against bid-rigging cartel by pharmaceutical companies but substantially reduces fines (Abbott, Menarini and Johnson & Johnson)
University of Lisbon
,
Abreu Advogados
On 7 January 2010 the Lisbon Commerce Court upheld a 2008 decision by the Portuguese Competition Authority (PCA) imposing a € 13.4 million fine on pharmaceutical companies Abbott, Menarini and Johnson & Johnson for participating in a bid-rigging cartel. Back in 2005 the PCA fined the (...)

The French NCA fines a trade association in the hydrotherapy sector for price fixing and exchanges of information between its members and dismisses lack of prior intent as a mitigating circumstance (Conseil national des exploitants thermaux)
Dechert (Paris)
,
Herbert Smith Freehills (Paris)
In a decision issued on 18 December 2009, the French Competition Authority (the «Authority«) fined a trade association in the hydrotherapy sector, the Conseil national des exploitants thermaux («CNETh«), for infringing article L. 420-1 of the French Commercial Code (the French equivalent of art. (...)

The French Competition Authority refuses to condemn companies specialized in medical technologies despite their parallel behaviour (Ethicon / Tyco Healthcare France / Syndicat national des industries technologies médicales)
Europ Assistance
On the 29th August 2005 the Minister of Economy referred a case to the French Competition Authority (Autorité de la Concurrence) concerning observed parallelism in price operated by Ethicon SAS (Ethicon), Tyco Healthcare France (Tyco) and the national trade union of industries specialised in (...)

The French Competition Authority analyses parallel behaviour as proof of a concerted practice and excessive pricing by a dominant company, in the context of a price-regulated sector (Ethicon / Tyco Healthcare France / Syndicat national des industries technologies médicales)
Cabinet Dieny
I. Introduction The main interest of this decision of the French Competition Authority (hereafter « the Competition Authority ») lies in its analysis of parallel behaviour as proof of a concerted practice, on the one hand, and excessive pricing by a dominant company, on the other, in the context (...)

The Bulgarian Competition Authority finalises sector inquiry into voluntary health insurance
European Commission (Brussels)
Bulgaria: The Commission on the Protection of Competition (CPC) finalises Sector Inquiry into Voluntary Health Insurance On 17 December 2009, the CPC adopted a Decision on a Sector Inquiry into the competitive environment on the national market of voluntary health insurance. The report covers (...)

The Romania’s High Court of Justice upholds a NCA’s decision having imposed a fine for price fixing to a nonprofit organization (National Association of Dental Technicians)
Romanian Competition Council (Bucharest)
By its Civil Decision n° 5.236 of 19th of November, 2009, the Romanian High Court of Cassation and Justice (Înalta Curte de Casaţie şi Justiţie) has rejected the second appeal (recurs) of the National Association of Dental Technicians (NADT) - Asociaţia Naţională a Tehnicienilor Dentari - against the (...)

The Swedish Competition Authority accepts a commitment, subject to penalty of a fine, from a trade association for laboratories to amend its general terms (Föreningen ackrediterade Laboratorier)
Vinge (Stockholm)
,
Vinge (Stockholm)
,
Vinge (Stockholm)
Introduction On November 16, 2009, the Swedish Competition Authority (“SCA“) accepted a commitment offered by Föreningen ackrediterade Laboratorier (“FaL”), a trade association for private laboratories, thereby closing its investigation about FaL’s general terms for laboratory services. Background (...)

A French Court of Appeal makes a reference for a preliminary ruling to the ECJ on whether a general and absolute ban on Internet sales by approved distributors does constitute a “hardcore restriction” on competition by object within the meaning of Art. 81.1 EC (Pierre Fabre Dermo-Cosmétique)
Norton Rose Fulbright (Paris)
In a judgment dated 29 October 2009, the French Court of Appeal made a reference for a preliminary ruling under article 234 of the Treaty establishing the European Community (the “EC Treaty”), whereby the ECJ was asked to answer “the question whether a general and absolute ban on Internet sales to (...)

The German Federal Cartel Office imposes a fine on the producer of hearing devices for having threatened or inflicted disadvantages on another company in order to induce a certain retail price level for the resale of hearing devices (Phonak)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with an indirect RPM clause. The producer of hearing devices provided lists with recommended prices containing minimum and maximum sale prices for hearing devices. One of the dealers offered the products significantly below the recommended prices (...)

The German Federal Cartel Office imposes a fine on the market leader in the wholesale supply of contact lenses for having inter alia employed an internal price maintenance program, including the systematic monitoring of retail prices for contact lenses and the exertion of pressure, the granting of advantages as well as agreements and concerted practices with Internet dealers (CIBA Vision)
Linklaters (Dusseldorf)
Description of the impugned case The FCO found various measures under CIBA’s price maintenance program, that in the view of the FCO amounted to a fixing of minimum resale prices. In particular, the FCO considered an infringement of Article 81 EC (now Art. 101 TFEU) and the corresponding German (...)

The German Federal Cartel Office fines € 11.5 million a contact lens provider for fixing minimum resale prices and restricting Internet and wholesale sales of its products (CIBA)
Fried Frank Harris Shriver & Jacobson (London)
On September 25, 2009, the German Federal Cartel Office (FCO) levied a fine of €11.5 million against contact lens provider CIBA Vision Vertriebs GmbH (CIBA) for fixing minimum resale prices and restricting Internet and wholesale sales of its products. This is the third decision imposed by the (...)

The French Competition Authority issues an opinion on the effects of competition on the development of approved healthcare networks
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence stipulates the conditions under which the development of networks of approved health professions can be favorable to competition and in the interests of patients.* After a (...)

The German Competition Authority adopts decision on exclusive distribution and non-compete clauses for chemical products (Merck, VWR International)
Van Bael & Bellis
In a recently published decision of 14 July 2009, the German Competition Authority found that an agreement between Merck and VWR International Europe (“VWR”) for the distribution of chemical products used by laboratories was contrary to Article 81 EC and the equivalent provision of German law. (...)

The German Competition Authority imposes € 1.2 M fine on several pharmacy associations for collective boycott in Germany (Gehe)
Van Bael & Bellis (Brussels)
The German Federal Cartel Office (FCO) has imposed a € 1.2 million fine on several German pharmacy associations for calling on pharmacists to boycott the pharma wholesaler Gehe after Gehe’s parent company Celesio acquired the internet pharmacy Doc Morris in April 2007. The German pharmacy (...)

The Hungarian Competition Authority terminates its investigation on recommended minimum prices set by a professional association (Hungarian Chamber of Doctors)
Van Bael & Bellis (Brussels)
Due to regulatory changes, since 1 April 2007, the Hungarian Chamber of Doctors (the Chamber) is no longer entitled to publish recommended minimum prices. In an order, dated 25 May 2009, the Hungarian Competition Authority (GVH) established that some recommended prices continued to be available (...)

The German Competition Authority imposes fines on pharmaceutical companies for price fixing (Grünenthal and Infectopharm)
Van Bael & Bellis (Brussels)
According to a press release of 7 May 2009, the German Federal Cartel Office (FCO) refrained from imposing a fine on two pharmaceutical companies, Grünenthal GmbH and Infectopharm GmbH, which had illegally agreed on prices for colistin-based antibiotics. Following Grünenthal GmbH’s leniency (...)

The Spanish Competition Authority overturns earlier decision and rules that an agreement between a regional health service and a professional association of pharmacists infringes Art. 1 of the Competition Act (Colegio Farmacéuticos Castilla-La Mancha)
Cleary Gottlieb Steen & Hamilton (Brussels)
The Spanish National Competition Commission (“CNC”) has ruled that the cooperation agreement between the Regional Health Service of Castilla-La Mancha (“SESCAM”) and the regional Professional Association of Pharmacists (the “Association”) dated June 29, 2006 (the “Agreement”), amounts to a market (...)

The Paris Court of Appeal confirms the fines imposed in a collective boycotting case and its strict case law on standard of proof (Defibrillators)
Hewlett Packard (Boulogne-Billancourt)
,
Ginestié Magellan Paley-Vincent
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 (...)

The Court of Appeal of Brussels upholds the NCA’s ruling holding that the opening days/hours and advertising provisions for pharmacy outlets, as set by the Belgian Pharmacists Association, were contrary to competition law (Ordre des pharmaciens)
Philippe & Partners (Brussels)
,
Praetica (Bruxelles)
1. The Parties The parties to the matter were: L’Ordre des pharmaciens (the Belgian Pharmacists Association, “BPA”), a public body established in Brussels; Mrs. E. Servais, pharmacist in Grez-Doiceau; Les Pharmacies Mont-Saint-Pont, a private corporation established in Braine l’Alleud; (...)

The French Competition Authority fines several professional associations of dental surgeons for practices of boycott (Conseil national de l’Ordre des chirurgiens-dentistes)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence fines the National Board of the French Dental Surgeons Association (Conseil national de l’Ordre des chirurgiens-dentistes) and several of its regional boards for encouraging dental (...)

A Belgian Court of appeal infers a cartel from a similar approach adopted by several medical oxygen providers boycotting a competitor (AGIM/Oxycure)
Arendt & Medernach (Luxembourg)
,
NautaDutilh (Luxembourg)
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 (...)

The Hungarian Competition Authority condemns vertical resale price fixing agreement concluded between a wholesaler of medicines and pharmacies but without imposing a fine (Hungaropharma)
Oppenheim
,
Oppenheim - Budapest
Description of the impugned case The case concerned a straightforward RPM arrangement, where the pharmacies, in their agreements concluded with a wholesaler of medicines (Hungaropharma), agreed to maintain (discounted) resale prices. Due to the wording and context of the arrangement, the HCO (...)

The Hungarian Competition Council prohibits restrictive clauses in cooperation agreements between a wholesaler of pharmaceutical products and pharmacies (Hungaropharma)
Ernst & Young
The Hungarian Competition Council found that cooperation agreements concluded between Hungaropharma, a wholesaler of pharmaceutical products, and a number of pharmacies contained clauses which were incompatible with Art. 81 EC and Section 11 of the Hungarian Competition Act. The Competition (...)

The Serbian Competition Authority adopts a decision against fifteen pharmaceutical companies for fixing trade conditions (Hemofarm, Galenika, Zdravlje and others)
University of Belgrade
Following a complaint by a distributor of pharmaceutical products Radakom d.o.o., the Serbian Competition Authority (“Komisija za zastitu konkurencije”) started an investigation concerning fixing of trade conditions in pharmaceutical sector against fifteen companies in Serbia : Hemofarm a.d., (...)

The Competition Authority of Bosnia & Herzegovina prosecutes anticompetitive agreements from the regional health insurance office (Novo Nordisk v. Health Insurance Office of the Sarajevo Canton)
University of Technology (Tallinn)
Summary The Competition Authority of Bosnia & Herzegovina qualified the actions of the Health Insurance Office of the Sarajevo Canton, which excluded the pharmaceutical products of Novo Nordisk from the list of approved medicines sold to the insured under the national health insurance (...)

The Turkish Competition Board confirms lack of anticompetitive conduct in the bio-tech pharmaceuticals market despite evidence of bid rigging brought by criminal proceedings (Roche)
University of Leeds
The Turkish Competition Board (TCB) confirmed its previous finding of lack of anticompetitive conduct by Roche in the bio-tech pharmaceuticals market in Turkey. The decision of the TCB comes after its original decision being annulled by the Council of State for not having taken into (...)

The Bosnian & Herzegovinan Competition Authority prosecutes regional Government for intervening with competitive process on the market for pharmaceuticals reimbursed under the national health insurance scheme (Association of Foreign Pharmaceutical Producers in Bosnia & Herzegovina / Cantonal Government Sarajevo)
University of Technology (Tallinn)
Summary Competition Authority of Bosnia & Herzegovina qualified the actions of the Sarajevo cantonal government that provided preferential treatment to the domestically produced medicines under the national health insurance scheme as anticompetitive practice and ordered it to modify its (...)

The UK Court of Appeal holds that compensatory damages are adequate and that a restitutionary reward is not available in an action for damages resulting from a cartel (Devenish Nutrition / Sanofi-Aventis)
McDermott Will & Emery (Brussels)
Introduction In view of the fact that Community law regulates competition, English law is required to provide remedies for violations to persons injured thereby. Indeed, as the European Court of Justice stated in Courage v. Crehan, "the full effectiveness of Article 81 of the Treaty and, in (...)

The Irish Competition Authority issues enforcement decision regarding alleged anticompetitive actions by the body in charge of supplying drugs, medicines and medical appliances to the public (Health Services Executive)
London School of Economics
Introduction The Health Services Executive (HSE) is a body established pursuant to the Health Act 2004. According to section 7(1) of that Act, the purpose of the HSE is to “use the resources available to it in the most beneficial, effective and efficient manner to improve, promote and protect (...)

A Dutch Court confirms the annulment of a decision adopted by the NCA on ground of inadequate examination of whether recommended prices were restrictive of competition by their object (NIP, NVVP, LVE)
European Commission - DG HR
,
European Court of Justice (Luxembourg)
In April 2004, the Dutch Competition Authority (hereafter the ‘NMa’) imposed fines upon NIP, NVVP, and LVE, three professional associations in field of psychological services, for breach of Article 6 of the Dutch Competition Act (a provision equivalent to Article 81 (1) EC). Furthermore, the NMa (...)

The Spanish Competition Authority declares that five pharmaceutical companies are not coordinating their distribution systems in Spain (Laboratorios Farmacéuticos)
European Court of Justice (Luxembourg)
,
Garrigues
During the last two years, a number of important pharmaceutical manufacturers active in the Spanish market have introduced significant changes in their distribution systems. Under the new terms of these systems, the pharmaceutical companies select a reduced number of wholesalers to work with, (...)

The EFTA Court issues landmark ruling concerning exhaustion of trademark rights (L’Oréal, Per Aarskog, Nille, Smart Club)
Van Bael & Bellis
On 8 July 2008, the EFTA Court issued a judgment concerning the interpretation of First Council Directive 89/104/EEC to approximate the laws of the Member States relating to trademarks (the “Trademark Directive”), in which it adopted the principle of mandatory EEA-wide exhaustion of trademark (...)

The Lisbon Court of Appeal upholds the Lisbon Commercial Court’s decision that had confirmed a decision of the Portuguese Competition Authority relating a proceeding pursuant to Competition Law for the setting of minimum fees for dental services (Portuguese Dental Association)
Ana Oliveira Bruno e Associados - Sociedade de Advogados (Lisbon)
1) The Administrative Proceedings - Autoridade da Concorrência (Portuguese Competition Authority) On June 30, 2005 the Autoridade da Concorrência (Portuguese Competition Authority - PCA) imposed a fine to the Ordem dos Médicos Dentistas (Portuguese Dental Association) of €160,181.00 for setting (...)

An Italian administrative Court confirms that a cartel took place in hospital supplies but slashes down fines (Bristol Myers Squibb)
Latham & Watkins (Brussels)
Introduction The Regional Administrative Tribunal of Latium, Rome Section (“TAR Latium”) by a judgment published on 6 June 2008 has upheld a decision of the Italian Antitrust Authority (“IAA”) finding that four companies had rigged supplies of ostomy products to the Italian National Health System (...)

The Italian Competition Authority condemns a local association of pharmacies for price-fixing arrangements regarding the retail prices of over-the-counter pharmaceuticals (Federfarma Teramo)
Desogus Law Office (Cagliari)
The Italian Competition Authority (ICA) fined Federfarma Teramo, an association regrouping pharmacies located in the province of Teramo, Central Italy, for fixing the retail prices of a number of over-the-counter (OTC) pharmaceuticals via a circular detailing the maximum discounts applicable to (...)

The German Federal Competition Office imposes a fine on a pharmaceuticals distributor for having influenced in an anticompetitive way the resale prices for non-prescription pharmaceuticals (Bayer Vital)
Linklaters (Dusseldorf)
Description of the impugned case The case deals with an indirect RPM clause: Bayer Vital concluded target agreements with several pharmacies according to which Bayer promised an additional rebate to the pharmacies for the positioning of the Bayer products as premium products and the (...)

The Brazilian Antitrust Tribunal fines medical gas companies more than USD 1.3 billion for conspiracy (SDE/MJ/AGA)
Tauil & Chequer (in cooperation with Mayer Brown)
SDE/MJ ex officio v. AGA S.A et al., better known as the medical and industrial gases Cartel - price fixing and market division conspiracy in the medical and industrial gas market. The investigation began in December 2003, and CADE’s decision was reached in May 2008. Some customers who suffered (...)

The Paris Court of Appeal rebuts the decision of the Competition Council regarding practices in the market of distribution of pharmaceutical products (GlaxoSmithKline)
RBB Economics (Paris)
,
SNCF Réseau
Presentation 1. For the first time of its existence, on 14 March 2007, the French Competition Council (thereafter “CC”) had decided to sanction a firm for predatory pricing, namely GlaxoSmithKline (thereafter “GSK“) for an amount of 10 million euro. GSK appealed to this Decision. On 8 April 2008, (...)

The French Competition Authority fines seven physicians’ unions for conspiring to increase fees for patient visits (Union des médecins spécialistes confédérés)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Sector 1 Specialist Physicians Overcharging Fees: The Conseil de la concurrence fines 7 physicians’ unions for conspiring to increase fees for patient visits.* Pursuant to an action brought by the Rural (...)

The Romanian Competition Council imposes a fine on a professional association for price-fixing (National Association of Dental Technicians)
Van Bael & Bellis (Brussels)
On 26 March 2008, the Romanian Competition Council imposed a fine of over € 5,500 on the National Association of Dental Technicians for adopting price lists with respect to products manufactured by dental technicians and publishing them in its review. The Council noted that several provisions of (...)

The Romanian Competition Council fines EUR 22.6 M distributors and manufacturer for sharing insulin portfolio (Eli Lilly, A&A Medical, Mediplus Exim, Relad Pharma)
Peli Filip
,
Peli Filip
The Romanian Competition Council (the “Council”) continued in 2008 the series of decisions dedicated to the malfunctioning of the Romanian pharmaceutical market, by sanctioning through its decision 15/2008 (i) the insulin producer Eli Lilly Export SA and three of its distributors, A&A Medical (...)

The UK House of Lords establishes that the conspiracy to defraud offence may not replace the cartel offence, for facts before 2003, where no deceit, misrepresentation nor lies are involved (Norris)
WTG Events
I - The NHS case On 28 March 2007, Ajit P. and Kirta P., CEO and COO respectively of Goldshield Group, the drug supplier, were arrested in London on suspicion of price-fixing, from 1996 to 2000, concerning generic drugs at the detriment of the UK’s National Health Service (hereinafter “NHS”). (...)

The Romanian Competition Council fines a pharmaceutical producer and three distributors for participation into a market-sharing cartel active on the insulin market (Eli Lilly Export, A&A Medical, Mediplus Exim and Relad Pharma)
NNDKP
Following an investigation initiated in July 2005 and which has lasted for almost 3 years, the Romanian Competition Council (RCC) has fined one pharmaceutical producer and three distributors for participation into a market-sharing cartel active between April 2003 and May 2005, imposing fines in (...)

The Italian Supreme Administrative Court qualifies the independence criteria applicable to the agent pursuant to EU law upholding the appeal filed by a pharmaceutical company to revoke an antitrust fine imposed by the Italian Antitrust Authority (AstraZeneca)
Rucellai & Raffaelli
Upholding the appeal filed by the claimant AstraZeneca, the Italian Supreme Administrative Court (hereinafter also the “Court”) ruled that the illicit conduct of the agent Pan Service - operating in the market for several principals and bearing all the related economical and financial risks - (...)

The Romanian Competition Council fines 6% of their turnover members of a cartel (Fresenius Medical care, Alsifcom Intermed, Opremi Medfarm)
Peli Filip
The Romanian Competition Council (the “Council”) has issued earlier this year its decision 12/2008 (the “Decision”) regarding (i) the breach of art. 5(1) (f) of the competition Competition Law n° 21/1996 (the “Competition Law”), by Fresenius Medical care SRL, Alsifcom Intermed SRL and Opremi Medfarm (...)

The Portuguese Competition Authority adopts a new decision concerning a cartel of pharmaceutical companies following a decision of the Lisbon Commercial Court (Abbot, Bayer, Johnson & Johnson, Menarini)
Luís Silva Morais & Associados
On 17 January 2008 the Portuguese Competition Authority (hereinafter ‘CA’) has approved a new decision concerning two previous cases, which have now been appended, and referring to two cartels on the pharmaceutical sector involving the companies Abbott, Bayer, Menarini and Johnson & Johnson. (...)

The German Federal Cartel Office imposes fine on association of pharmaceutical companies for participating in price fixing among pharmacists (OTC pharmaceuticals)
Eberhard Karls University
I. The facts of the case The decision of the Federal Cartel Office (FCO) deals with the pharmaceutical sector in Germany. In 2004 the German market for non-prescription pharmaceuticals was further liberalized. According to the new pharmaceutical law the prices for non-prescription (...)

The Hungarian Competition Office grants immunity in proceedings concerning exclusive supply agreement in the context of a public procurement tender (Olympus)
Ernst & Young
According to its press release of 21 December 2007 in its decision concerning an exclusive supply agreement between two undertakings, the Competition Office imposed a fine of HUF 77 million (ca. € 308 000) on Kortex Mérnöki Iroda Kft., a Hungarian engineering company, while it granted immunity (...)

The French Competition Authority fines five defibrillator manufacturers for agreeing to boycott a nation-wide call for tender organised by 17 hospitals (Biotronik France)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence fines five defibrillator manufacturers for agreeing to boycott a nation-wide call for tender organised by 17 hospitals.* The Conseil de la concurrence issues a decision against (...)

The Hungarian Competition Authority invokes cartel rules and leniency policy with regard to an exclusive distribution agreement in the healthcare sector (Kortex / Olympus)
Van Bael & Bellis
On 18 December 2007, the Hungarian Competition Authority (“GVH”) fined Kortex Mérnöki Iroda Kft. (“Kortex”), a company specialised in the construction of hospitals and the distribution of medical equipment, HUF 77m (approximately € 300,000) for concluding an anti-competitive agreement with Olympus (...)

The Italian Council of State partially annuls a judgment in the disinfectants cartel case (AstraZeneca, Meda Pharma)
Van Bael & Bellis (Brussels)
In a recently published judgment of 11 December 2007, the Italian Council of State partially annulled the judgment of the Lazio Administrative Tribunal upholding the decision of the Italian Competition Authority in the Disinfectants cartel case. The Council of State entirely upheld the appeals (...)

The French Competition Council condemns practices restricting prices for medical services provided in public hospitals (Anatomic and Cyto Pathology services)
Moskvina Law, PLLC
,
Darrois Villey Maillot Brochier
Anatomic pathologists and cytopathologists examine cells and tissues to diagnose disease. Such physicians provide services to public hospitals pursuant to negotiated agreements or winning bids. To practice, physicians must join the National Medical Authority, and register with the Authority’s (...)

The Lisbon Court of Appeal upholds the Commercial Court’s decision that had confirmed a decision of the Portuguese Competition Authority relating a proceeding pursuant to Competition Law and rejected the arguments of Portuguese Medical Association (Ordem dos Médicos)
Ana Oliveira Bruno e Associados - Sociedade de Advogados (Lisbon)
1) The Administrative Proceedings – Autoridade da Concorrência (Portuguese Competition Authority) On April 22, 2006, the Autoridade da Concorrência (Portuguese Competition Authority - PCA) imposed a fine to the Portuguese Medical Association in the amount of €250,000.00 for setting maximum and (...)

The Belgian Competition Council assesses the validity of opening days/hours and advertising provisions for pharmacy outlets as set by the pharmacists professional associations (Belgian Pharmacists Associations)
Liège University - IEJE
,
Liege Competition and Innovation Institute
1. Parties The present case arose from three complaints lodged in 1998 by several retail pharmacy outlets before the Belgian Competition Council (“the Council”). The complaints were directed against the Belgian Pharmacists Association as well as various local pharmacists association (...)

The UK Court of Appeal upholds the High Court’s finding that following an infringement decision by the European Commission, the appropriate claim is for compensatory and not restitutionary damages (Devenish Nutrition / Sanofi-Aventis)
European Commission - DG COMP (Brussels)
The Court of Appeal of England and Wales has ruled that restitutionary damages are not generally available in antitrust cases and that, in most cases, compensatory damages provide adequate remedies. Background In 2001, the European Commission adopted a decision finding that a number of (...)

The UK High Court rules that restitutionary damages are not an available remedy in anti-trust cases, nor will an account of a defendant’s profits be appropriate (Devenish/Sanofi-Aventis - "Vitamins Cartel")
Pinsent Masons (London)
Background The present case involves "follow on" claims for compensation in respect of damage suffered as a result of the vitamins cartel, which was famously subject to a Commission decision in 2001. The Commission found that notwithstanding the number of producers involved in eight distinct (...)

The UK High Court finds that following an infringement decision by the European Commission, the appropriate claim is for compensatory and not exemplary or restitutionary damages (Devenish Nutrition / Sanofi-Aventis)
European Commission - DG COMP (Brussels)
The High Court’s judgment is the first time that an English court has to consider what type of damages can be obtained in claims following from an infringement decision by the European Commission in competition cases. According to the judgment, a claimant is only entitled to compensatory damages (...)

The Irish National Competition Authority delivers its final report on competition for dental services in the Irish market
London School of Economics
Introduction The Irish National Competition Authority ("NCA") delivered a report on competition in the dental sector on 3 October 2007. This report forms part of a wider study on eight professions in the construction, legal and medical sectors of the economy conducted by the NCA following a (...)

The Italian Competition Authority fines undertakings in the wholesale distribution market of drugs for refusal of supply (“Distribuzione di farmaci senza obbligo di ricetta alle parafarmacie”)
National University of Singapore
On 20 September 2007, the Italian Competition Authority (hereinafter the “Authority”) fined different companies in the wholesale distribution market of drugs, for breach of art. 2 legge n° 287/90, the national provision similar to Article 81 EC. Parties of the case Investigations started in 2006 (...)

The Italian Competition Authority adopts a decision fining four ostomy device manufacturers for alleged bid rigging (Gare per la fornitura di dispositivi per stomia)
Ashurst
,
Legance - Studio Legale Associato
,
Pirelli
Introduction On 3 August 2007, the Italian Competition Authority (ICA) adopted a decision fining four ostomy device manufacturers for an alleged bid rigging. The decision is interesting as it shows the difficulty that pharmaceutical companies face when participating in a tender procedure. In (...)

The Polish competition authority finds pharmaceuticals companies and their distributors not guilty of price fixing and market sharing on the EPO medicines market (Johnson & Johnson, Roche)
Hogan Lovells (Warsaw)
,
PKN Orlen
On 14 June 2007, the Polish President of the Office for Competition and Consumer Protection (“OCCP") issued a decision concerning alleged price fixing and market sharing of medicines containing human recombined erythropoietin (EPO). The OCCP had decided that agreements between Johnson & (...)

The Irish Competition Authority settles price-fixing proceedings in the health insurance sector (Irish Medical Organisation - IMO)
London School of Economics
Background The facts of this action have been set out in detail in a previuous e-Competitions Bulletin. Therefore, they will only be briefly called in this contribution. The Irish Medical Organisation (‘IMO’) is an association of undertakings that represents some 2,000 General Practitioners in (...)

The Irish Competition Authority settles an alleged price-fixing dispute in the health sector relating to medical examination reports to life insurance companies (Irish Medical Organisation - IMO)
Baker Botts (Brussels)
,
Merilampi Attorneys
Introduction On 28 May 2007, the Irish Competition Authority announced that it had concluded a settlement agreement with the Irish Medical Organisation (IMO) on 25 May 2007. The settlement concerns an alleged price-fixing by the IMO in relation to the provision of Private Medical Attendant (...)

The Hungarian Competition Office finds certain marketing and advertising restrictions on pharmacists contrary to both Art. 81 EC and its Hungarian equivalent (Association of Hungarian Pharmacists)
Oppenheim
,
Oppenheim - Budapest
The Hungarian Competition Office (HCO) initiated proceedings against the Association of Hungarian Pharmacists (AHP) in order to verify whether certain rules of the AHP regulating advertising and marketing by pharmacists infringe Article 81 of the EC Treaty and Article 11 of the Hungarian (...)

The French Competition Authority accepts the commitments taken by 10 companies of the cosmetic industry to introduce more competition into online sale of their products (Bioderma & Rogé Cavaillès)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Conseil de la concurrence facilitates online sale of cosmetic products: 10 companies of the cosmetic industry committed to introduce more competition into online sale of their products.* The Conseil de la (...)

The Romanian Competition Council imposes fines in insulin cartel case (Eli Lilly Export, A&A Medical, Relad Pharma, Mediplus Exim)
Van Bael & Bellis (Brussels)
On 5 March 2007, the Romanian Competition Council fined four companies for operating a market-sharing arrangement affecting the supply of insulin in Romania. The total fine of € 22.6 million is the second highest ever imposed by the Romanian Competition Council, after the € 27 million fine (...)

The Lisbon Commerce Court confirms a Portuguese Competition Authority decision as regards the release of a minimum and maximum fees’ table by the Portuguese Medical Association (Ordem dos Médicos)
University of Lisbon
,
Abreu Advogados
On 26 May 2006 the Portuguese Competition Authority (PCA) fined the Portuguese Medical Association (Ordem dos Médicos) € 250.000 for imposing on its members minimum and maximum fees to be charged to their patients. The Association appealed against the decision to the Lisbon Commerce Court. The (...)

The Irish National Competition Authority issues pro-competitive proposals for a reform of the private health insurance market
London School of Economics
Competition in the Private Health Insurance Market, Irish National Competition Authority Report, January 2007 (Executive summary) Context The Irish private healthcare market is conditioned by the aim it pursues, namely intergenerational solidarity. Intergenerational solidarity demands that (...)

The Czech Competition Office imposes a fine on pharmaceuticals distributors for coordinating suspension of their supplies to public Czech hospitals (Alliance UniChem, Gehe Pharma Praha, Pharmos, Phoenix)
Gide Loyrette Nouel
The Czech Office for the Protection of Competition (the “Office”) imposed by its first-instance decision a fine in the aggregate amount of cca 113 million CZK (cca 4 million EUR) on a group of four largest distributors of pharmaceuticals in the Czech Republic. The four companies, together (...)

The Italian Competition Authority opens proceedings against pharma-companies in the wholesale distribution market of drugs (“Distribuzione di farmaci senza obbligo di ricetta alle parafarmacie”)
National University of Singapore
On 27 September 2006 the “Autorità Garante della Concorrenza e del Mercato” (hereinafter “AGCM”) opened proceedings against different companies in the wholesale distribution market of drugs, for alleged breach of Article 2 of Law n° 287/90, the national provision similar to Article 81 EC. On one (...)

A German court sanctions price-fixing among retailers after discontinuation of drugs regulatory retail price maintenance (OTC-Praparate)
European Commission - DG COMP (Brussels)
Background According to German competition law, companies which exchange information about their future market activity might be found to be in breach of competition law rules. Article 1 of the German Competition Act (GWB) includes a prohibition of ‘concerted practices’ the effect or objective (...)

The Polish Court of Appeals quashes the NCA’s decision and considers that an agreement limiting distribution of a drug to selected distributors does not restrict competition (Johnson & Johnson’s)
Allen & Overy (Warsaw)
Polish Court of Appeals, 25 July 2006, Decision issued in the case initiated by Jacek Nowakowski, who runs a warehouse for Pharmaceutical and Sanitary Products Hurtofarm in Sosnowiec and Johnson & Johnson Polska Sp. z o. o. in Warsaw against the President of the Office for Competition and (...)

A Dutch Court annuls a decision of the Competition Authority which imposed fines on three associations of psychologists and psychotherapists for issuing price guidelines (NIP - LVE - NVVP)
European Commission - DG HR
,
Dutch Ministry of Security and Justice
NIP, LVE and NVVP are three associations of psychologists and psychotherapists. At least 33% of independent psychologists established in The Netherlands are members of NIP. Psychologists can only adhere to LVE if they are members of NIP. 60% of independent psychotherapists established in The (...)

The Bulgarian Commission for Protection of Competition exempts an exclusive supply and distribution agreement in the pharmaceuticals sector on grounds of security of supply and more competitive prices to patients (GSK – Agroengineering)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the “CPC”) exempted an exclusive supply and distribution agreement between GSK Bulgaria and Agroengineering from the prohibition of the local equivalent of Article 101 TFEU on grounds that the agreement guaranteed regular supplies at most (...)

The Bulgarian Commission on Protection of Competition grants individual exemption of an exclusive distribution agreement (GlaxoSmithKline)
ArbJournal
In the beginning of 2006 GlaxoSmithKline Ltd, Bulgaria, (GSK) notified the Commission on Protection of Competition (CPC) about an exclusive distribution agreement (Agreement) entered into between GSK and Agroengineering-90 Ltd (Agroengineering) on 21 December 2005. Subject of the agreement are (...)

The Irish Competition Authority begins High Court proceedings against the Irish Medical Organisation (IMO)
Baker Botts (Brussels)
,
Katz & Phillips
Introduction On 3 July 2006, the Irish Competition Authority announced that it had initiated proceedings against the Irish Medical Organisation (IMO) in relation to the IMO’s role in a dispute concerning fees paid by life insurance companies to General Practitioners (GPs) in Ireland. The (...)

The Portuguese Competition Authority fines € 250,000 the Portuguese Professional Association of Doctors for an infringement of both Art. 81 EC and its national equivalent (Ordem dos Médicos)
London School of Economics
The Autoridade da Concorrência (hereinafter, “the NCA”) opened proceedings against the Professional Association of Doctors after taking the view that some of its professional rules were implemented so as to impose in practice maximum and minimum fees to its members. More precisely, Article 81 of (...)

The Italian Antitrust Authority fines on the basis of Art. 81 EC pharma companies for bid rigging for supply to the public health system (Prodotti disinfettanti)
Freshfields Bruckhaus Deringer (Rome)
,
Freshfields Bruckhaus Deringer
The Italian Antitrust Authority (IAA) has recently completed an Article 81 proceedings against nine suppliers of antiseptic and disinfectants to the public health system levying sanctions totalling approximately € 3.7 million (case I 639). The investigation started in November 2004 and (...)

The Czech Office for the Protection of Competition confirms the sanctions imposed on the Czech Chamber of Pharmacists for anticompetitive rules (Ceská lékárnická komora)
Government of the Czech Republic
,
European Court of Justice (Luxembourg)
On 14 April 2006, the President of the Office for the Protection of Competition confirmed a first-instance decision by which the Office had imposed a fine of CZK 300,000 (EUR 10,500 approx.) on the Czech Chamber of Pharmacists (Ceská lékárnická komora) for the adoption of several anticompetitive (...)

The Irish High Court considers that the Medical Council is not an association of undertakings, therefore domestic and EC Competition law rules do not apply (Ramadan Hemat)
London School of Economics
The Irish Medical Council was established by legislative act in 1978 with, according to its website, a view to “protecting the interests of the public when dealing with registered practitioners”. In this regard, its principal duties are as follows; it guarantees the quality of both undergraduate (...)

The US DOJ requires termination of West Virginia Medical Center market allocation agreement (Charleston Area Medical Center, CAMC)
Jones Day (Washington)
On February 6, 2006, the Department of Justice (« DOJ ») filed a lawsuit in U.S. District Court in Charleston, West Virginia alleging that a market allocation agreement between Charleston Area Medical Center, Inc. (« CAMC ») and HCA Inc. (« HCA ») violated Section 1 of the Sherman Act. The DOJ (...)

The Slovenian Competition Authority declares null and void certain decisions of association of natural health spas decided together with the State having found them anticompetitive (ASNHS)
Fatur
Zdravilisce Lasko (hereinafter, “Lasko”), a company, whose main business activity is tourism and health spa services, lodged on 23 September 2005 a complaint before the Slovenian Competition Authority against the Skupnost slovenskih naravnih zdravilisc(“the ASNHS”), a business association of 13 (...)

The French Competition Council authorises pharmaceutical laboratories’ practices concerning drugs parallell imports and exports on the basis of both French and EC provisions (Pharma-Lab / GlaxoSmithKline)
Gide Loyrette Nouel (Paris)
Pharma-Lab, Pharmajet, Pharmadex TMC, European Trade Company (ETC) and AD Pharm export drugs bought at the government-fixed price from pharmaceutical laboratories and sell them abroad for a higher price. These companies claimed to suffer from delivery restrictions, discriminatory commercial (...)

The Finnish competition authority states that rebates granted by pharmaceutical companies to pharmacies are unlawful on the basis of both EC and national competition provisions
Smartflats
,
Liège University - IEJE
In Finland, pharmaceutical companies very often offer to pharmacies rebates on the wholesale price of drugs. Typically, they try to attract pharmacies by granting them generous additional rebates on all their products. As such, rebates granted by a furnisher to its distributors do not raise (...)

The Danish Competition Council found an insolvency agreement between three medical wholesale dealers and the Danish Pharmaceutical Association to be incompatible with Art. 81 EC and relevant national competition law provision (Nomeco, Tjellesen, Max Jenne and Danmarks Apotekerforening)
Liège University - IEJE
Facts In 1997, the Danish Pharmaceutical Association (“DPA”) entered into a so-called “Insolvency Agreement” with the three wholesalers of medicinal products (“the wholesalers”) active in Denmark. The agreement sought to help insolvent pharmacies - those incurring debts superior to 1 million Danish (...)

The Portuguese Competition Authority publishes a report in favour of liberalising the distribution of pharmaceutical products at retail level
London School of Economics
The Economics Department of the Catholic University of Portugal carried out a Report for the Portuguese Autoridade da Concorrência (hereinafter, “the NCA”) concerning the liberalisation of the resale of pharmaceuticals at retail level. The Report sought to: Identify barriers to entry arising (...)

The Portuguese Competition Authority imposes fines to 5 pharmaceutical companies for collusion in tender procedures for the provision of medical supplies to public hospitals (Abbott, Bayer, Johnson & Johnson...)
London School of Economics
In January 2005 the Portuguese Autoridade da Concorrência (hereinafter, the “NCA”) imposed a € 658,413.22 fine on five pharmaceutical companies involved in collusive practices in a public tender procedure for the purchase by the Centro Hospitalar de Coimbra (“CHC”) of 4,000 packages of chemically (...)

The Irish Competition Authority settles its action against the Irish medical professional association in return for commitments to refrain from anti-competitive practices (Irish Hospital Consultants Association-IHCA)
London School of Economics
The terms of a settlement agreement, reached between the Irish National Competition Authority (hereinafter “NCA”) and the Irish Hospital Consultants Association (henceforth “IHCA”), were published by the former in a press release issued on the 28th September, 2005. In February 2003, the NCA (...)

A Polish Court overturns the NCA decision against a pharmaceutical company and its distributor for customer allocation due to lack of anticompetitive effects on the market (Johnson & Johnson - Hurtofarm)
Hogan Lovells (Warsaw)
Background The Polish Competition and Consumers’ Protection Court (“Sad Ochrony Konkurencji i Konsumentów”) on September 5, 2005 issued a decision on the appeal lodged by Johnson & Johnson Poland and Hurtofarm against the decision of the President of the Office of Competition and Consumer (...)

The Irish Competition Authority agrees a settlement with a medical professional association in High Court proceedings on possible violation of Art. 81 EC (VHI DeCare/Irish Dental Association)
London School of Economics
Irish National Competition Authority, 28 April 2005, Irish Dental Association (Press relase) On April 28, 2005 the Irish High Court action initiated by the National Competition Authority (henceforth “NCA”) against the Irish Dental Association (hereinafter “IDA”) was settled. The NCA alleged that (...)

The Brussels Court of Appeal finds that a health insurance fund can not be regarded as an undertaking as it fulfils its legal obligations when providing an extra compensation for orthodontic treatment (BVBA Kristel Cools/CM Antwerp)
AZ Delta
On January 25th, 2005 the Court of Appeal of Brussels decided in a preliminary ruling that the Christian Mutuality (CM) Antwerp, a health insurance fund, could not be regarded as an undertaking as it fulfilled its legal obligations when providing an extra orthodontic compensation for its (...)

The Portuguese competition authority adopts a decision against five pharmaceutical companies for collusion in a public tender procedure (Abbott, Bayer, Johnson & Johnson...)
London School of Economics
The Autoridade da Concorrência (hereinafter, “ADC”) informs about the closing of a procedure against Abbott Laboratórios, Bayer Diagnostics Europe, Johnson & Johnson, Menarini Diagnósticos e Roche Farmacêutica Química, five undertakings active in the market for chemically reactive strips used to (...)

The Polish Competition Authority fines € 457.000 a pharmaceutical company and its distributor for price fixing and supply limiting agreements (Johnson & Johnson - COMPOL)
French National Research Agency (ANR)
,
Orrick, Herrington & Sutcliffe (Washington)
Johnson & Johnson Poland, member of the worldwide group of producing, import-exporting and selling of pharmaceuticals, is in charge of the distribution in Poland of a Swiss made medicine, Eprex. This medicine is used in the treatment of anemia provoked by an insufficient level of (...)

The Japan Fair Trade Commission imposes surcharges on participants in bidding for clinical laboratory test called by nationalpublic hospitals (SRL)
Japan Fair Trade Commission (Tokyo)
JFTC surcharged participants in bidding for clinical laboratory test called by national/public hospitals* As for bids called by national/public hospitals, the JFTC ordered 6 participants in tendering for contracts of clinical laboratory test to pay surcharge in accordance with Section (...)

The Japan Fair Trade Commission fines ten corporations wholesaling drugs/medicines for having implemented an anticompetitive agreement (VITAL-NET)
Japan Fair Trade Commission (Tokyo)
Surcharge sentenced to drug wholesalers in Miyagi Prefecture* FTC sentenced to pay surcharge to ten corporations wholesaling drugs/medicines on 10 February 2003 under Section 48-2 (1) of the Antimonopoly Act. 1. Outline of violation (recommendation 3 Dec 2001, decision 21 Jan 2002)  There was (...)

The Japan Fair Trade Commission issues its recommendations against participants in bidding for clinical laboratory test market launched by national public hospitals (SRL)
Japan Fair Trade Commission (Tokyo)
JFTC renders recommendation to participants in bids for clinical laboratory test called by national/public hospitals* As for bidding called by national/public hospitals in Tokyo/Nagoya/Osaka/Fukuoka areas for a clinical laboratory test, the following participants received FTC recommendation in (...)

The French Competition Authority fines three companies for implementing anticompetitive practices in the hospital medical gas sector (Air Liquide santé France)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Medical gases for use in hospitals : the Conseil de la concurrence sanctions practices by two subsidiaries of the Air Liquide Group* Following a referral from the Minister of Economy, Finance and Industry, (...)

The Netherlands Competition Authority doesn’t approve protocol signed by of the private health insurers united in a professional association (Solidarity Protocol)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Does Not Approve Health Insurers’ ’Solidarity Protocol’* The Netherlands Competition Authority (NMa) has not approved the so-called ’Solidarity Protocol’ of the private health insurers united in Zorgverzekeraars Nederland (ZN). According to NMa, these agreements restrain competition between (...)

The UK OFT finds that amended rules imposed by the General Insurance Standards Council on its members are not anti-competitive (General Insurance Standards Council)
Baker McKenzie (London)
On 13 November 2002, the Office of Fair Trading (« OFT ») (at the time, the Director General of Fair Trading) found that the rules of the General Insurance Standards Council (« GISC »), intended to improve standards in the insurance sector, were not anti-competitive. This decision followed the (...)

The European Commission fines participants in the Dutch industrial gases cartel (AGA, Air Liquide, Air Products Nederland, BOC Group, Messer Nederland, NV Hoek Loos and Westfalen Gassen Nederland)
European Commission - DG DIGIT
"Commission fines participants in the industrial gases cartel"* On 24 July 2002, the Commission fined AGA AB, Air Liquide BV, Air Products Nederland BV, BOC Group plc, Messer Nederland BV, NV Hoek Loos and Westfalen Gassen Nederland NV a total of € 25.72 for participating in a secret cartel in (...)

The European Commission prohibits a leading pharmaceuticals company’s Spanish pricing system (Glaxo Wellcome)
European Commission - DG COMP (Brussels)
"Commission Decision prohibits Glaxo Wellcome’s Spanish pricing system"* 1. Introduction On 8 May 2001 the Commission decided to prohibit the dual pricing system which Glaxo Wellcome (GW) had introduced for all its pharmaceutical products in Spain. According to GW’s new sales conditions Spanish (...)

The Dutch Competition Authority finds price fixing and market sharing agreements engaged by the national association of general practitioners in breach of competition law (Landelijke Huisartsenvereniging)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Prohibits Agreements on Tariffs and on the Setting up of Practices by General Practitioners* In its decision on the policy with regard to setting up practices of Landelijke Huisartsenvereniging (LHV) [National Association of General Practitioners] and the collective negotiations conducted (...)

The European Commission files an appeal before the European Court of Justice against the annulment by the Court of First Instance of its decision to fine a German pharmaceuticals company for prohibiting exports (Bayer)
European Commission - DG COMP (Brussels)
"Appeal against the annulment by the Court of First Instance (CFI) of a 1996 Commission decision fining German pharmaceuticals company Bayer"* On 5 January 2001, the European Commission filed an appeal with the European Court of Justice (ECJ) in Luxembourg against the annulment by the Court of (...)

The Irish Supreme Court considers a pharmaceuticals distribution agreement to be in conformity with both domestic and EC competition law and rejects a claim in civil proceedings (Chanelle Veterinary/Pfizer)
London School of Economics
Irish High Court, 30 July 1997, Chanelle Veterinary Limited v. Pfizer (Ireland) Limited and Pfizer Animal Health Irish Supreme Court, 11 February 1999, Chanelle Veterinary Limited v. Pfizer (Ireland) Limited and Pfizer Animal Health [1999] 1 IR 365 Facts of the case The plaintiff, Chanelle (...)

The European Commission considers that the new pricing regime imposed by a pharmaceutical company for contraceptive pills is contrary to article 85 EC Treaty (Organon)
European Commission - DG COMP (Brussels)
"Parallel imports of pharmaceutical products : Organon"* ORGANON is a British subsidiary of AKZO (Netherlands) which specializes in the manufacture and marketing of contraceptive pills. On 4 Mai 1994, ORGANON changed the price regime applicable to MERCILON and MARVELON, the latter being one (...)

The Belgian Prosecutor refuses request for preliminary measures in pharmaceutical “refusal to supply” case (Bofar)
Altius (Brussels)
,
Johnson & Johnson (Brussels)
Decision On 26 March 2008, the Belgian Prosecutor refused a request for preliminary measures made by Bofar NV (‘Bofar’). In December 2007, Bofar had filed a complaint against nine pharmaceutical companies for infringing Articles 81 and 82 EC Treaty and their Belgian equivalents, Articles 2 and 3 (...)

Dominance

The Moldovan Competition Authority prosecutes suppliers of pharmaceutical products for the failure to supply to the public health care institutions (Esculap)
University of Technology (Tallinn)
On 21 April 2016 the Moldovan Competition Authority (CC) has issued an infringement decisions against six suppliers of various pharmaceutical products for their failure to deliver the agreed quantities of medicines to the public health care institutions. The fines imposed on the undertakings (...)

The UK Competition Authority issues provisional decision on remedies to increase competition in the private healthcare market (HCA)
UK Competition and Markets Authority (CMA) (London)
CMA’s private healthcare provisional decision on remedies* The CMA has provisionally found that likely changes in London’s private healthcare market mean that extra remedies would not be proportionate. In April 2012, the Competition Commission, a predecessor body of the Competition and Markets (...)

The Chinese NDRC finds that a municipal health and family planning commission has abused its administrative power in its drug procurement practices (Bengbu Health Commission)
China Competition Bulletin (Beijing)
,
China Competition Bulletin (Beijing)
,
Hogan Lovells (Beijing)
On 17 August 2015, the NDRC found that the Bengbu Municipal Health and Family Planning Commission (Bengbu Health Commission) had abused its administrative power in its drug procurement practices. This is the NDRC’s first published antitrust enforcement decision in the pharmaceutical industry (...)

The Italian Competition Authority initiates an investigation to ascertain an abuse of dominant position in the cancer drugs markets (Aspen)
Bonelli Erede Pappalardo (Rome)
,
Bonelli Erede Pappalardo (Rome)
With its decision of 19 November 2014, the Italian Competition Authority (“ICA” or the “Authority”) initiated an investigation into Aspa Pharma Trading Ltd and Aspen Italia S.r.l. (“Aspen”) - both belonging to the South African-based Aspen Group, a leading manufacturer of generic medicines - to (...)

The Italian Competition Authority opens an Article 102 TFEU investigation against a producer of generic drugs (Incremento Prezzo Farmaco-Aspen)
Desogus Law Office (Cagliari)
In the case Incremento Prezzo Farmaco-Aspen (Aspen) the Italian Competition Authority (ICA) has recently opened an Article 102 TFEU investigation against Aspen, a South African manufacturer of generic drugs . Aspen was alleged to have abused its dominance position by imposing excessive prices (...)

The Cyprus Commission for the Protection of Competition conducts dawn raids following an investigation ex-officio concerning the terms and prices of supply of equipment and strips for monitoring blood glucose sold to pharmaceutical stores and public bodies
Commission for the Protection of Competition of the Republic of Cyprus
Press Release by the Commission for the Protection of Competition – Dawn raid carried out at the premises of Panicos Theo Hadjigeorgiou & Co Ltd* The Cyprus Commission for the Protection of Competition (CPC) decided, as per section 31 of the Protection of Competition Laws of 2008 and 2014 (...)

The Canadian Competition Bureau does not consider life-cycle management strategies to be inherently anti-competitive (Alcon)
Canadian Competition Tribunal
,
Norton Rose Fulbright (Toronto)
,
Norton Rose Fulbright (Ottawa)
Introduction The Competition Bureau (the Bureau), Canada’s competition watchdog, announced in May 2014 that it was dropping its investigation into the life cycle management strategy used by Alcon Canada Inc. (Alcon) in connection with its Patanol and Pataday products. The Bureau commenced an (...)

The Bulgarian Competition Authority holds that national health insurance fund is not an undertaking for the purpose of competition law enforcement (NZOK)
University of Technology (Tallinn)
On 17 July 2013 the Bulgarian Competition Authority (CPC) rejected the abuse of dominance complaints submitted by the pharmaceuticals traders against the National Health Insurance Fund (NZOK). In its two no-infringement decisions the CPC held that NZOK should not be viewed as undertaking in (...)

The US District Court, 9th Circuit refuses to dismiss the plaintiffs’ below-cost pricing claims raised under Unfair Practices Act in respect of clinical laboratory testing services (Rheumatology Diagnostic Laboratory/Aetna)
Orrick, Herrington & Sutcliffe (San Francisco)
Is the California Unfair Practices Act a Free Pass on Motions to Dismiss?* Probably not, but UPA claims can be tough to defeat at the motion to dismiss stage. Witness Rheumatology Diagnostics Laboratory, Inc. v. Aetna, Inc., 2013 U.S. Dist. LEXIS 151128 (N.D. Cal. Oct. 18, 2013) (Orrick, J.), (...)

The UK OFT issues statement of objections to certain pharmaceutical companies alleging they acted to delay effective competition in the UK supply of a medicine (GSK / GUK / Alpharma / IVAX)
European Commission (Brussels)
United Kingdom: The OFT issues Statement of Objections in Case involving Pharmaceutical Companies* On 19 April 2013, the Office of Fair Trading (OFT) issued a Statement of Objections to certain pharmaceutical companies alleging they acted to delay effective competition in the UK supply of (...)

The Competition Commission of Cyprus finds that the free administration of a vaccine with every purchase of vaccines constitutes unlawful tying (Panayotou/Wyeth)
University College London
The decision of the Cypriot Competition Commission issued on 12 April 2013 concerns a complaint submitted on 07/10/2005 by Akis Panayotou and Son Ltd (from now on ‘’the complainant’’) against Wyeth Hellas SA (Cyprus Branch) which has been since succedeed by Pfizer Hellas Commercial Industrial (...)

The Competition Commission of India finds no anti-competitive effect of exclusive distribution agreement that conferred monopoly in the aftermarket for medical equipment warranty services (Dr. Anoop Bhagat v. Spectra Medical System India and Solta Medicals)
University of Tilburg - Center for Law and Economics (TILEC)
Background The Competition Commission of India in a recent matter found that allegations regarding Exclusive Distribution Agreement and Abuse of Dominant Position were not true and thus rejected the matter out rightly finding not even a prima facie case. However, the merit of the complaint did (...)

The US Court of Appeals for the 9th Circuit affirms judgment that incompatibility of products did not constitute monopolization on the market for pulse oximetry monitors (Tyco Health)
Stanford University - Stanford Law School
U.S. 9th Circuit affirms judgment that incompatibility of products did not constitute monopolization* On 6 January 2010 the U.S. Court of Appeals for the 9th Circuit affirmed a U.S. District Court (Central District of California) grant of summary judgment on a monopoly maintenance claim (...)

The Irish High Court finds that the State does not operate as an “Undertaking” in the use of its ambulance fleet for emergency services and for transport of public patients (Lifeline)
Arthur Cox (Dublin)
This case concerned a private undertaking, Lifeline Ambulance Services Limited (“Lifeline”) that operates a fleet of ambulances and is engaged in the business of providing transport for hospital patients and others in need of such services brought against the State owned Health Service Executive (...)

Advocate General Mazak issues his opinion recommending dismissing appeal against pharma company’s abuse of dominance (AstraZeneca)
Baker McKenzie (Brussels)
AstraZeneca v Commission, Advocate-General Mazak’s Opinion of 15 May 2012* On 15 May 2012, Advocate-General Mazák delivered his long awaited Opinion to the European Court of Justice in the long-running AstraZeneca litigation. Practitioners hoping for an opinion that tempered some of the more (...)

The Italian Competition Authority fines anti-competitive practices aimed at delaying market entry for generic medicines (Pfizer)
European Commission (Brussels)
Italy: The Competition Authority fines anti-competitive Practices aimed at delaying Market Entry for generic Medicines* On 11 January 2012, the Italian Competition Authority (ICA) sanctioned the multinational pharmaceutical group Pfizer (Pfizer) for a violation of Article 102 TFEU and imposed (...)

The Italian Competition Authority sanctions company for abuse of dominance challenging divisional patent filing in the visual glaucoma drugs industry resting on effects-based approach (Pfizer)
Gatti Pavesi Bianchi
Evolution or Revolution? The Italian Competition Authority and the Pfizer Decision: A Reply to Thomas Graf* In his last post, Thomas Graf pointed out, as brilliantly and persuasively as he customarily does, the key features and implications of the Jan. 11, 2012 decision of the Italian (...)

The Italian Competition Authority fines company for abuse of dominance relating to visual glaucoma drugs challenging divisional patent filings (Pfizer)
Cleary Gottlieb Steen & Hamilton (Brussels)
Italian Competition Authority Challenges Patent Measures* The Italian Competition Authority started the New Year with a bang by imposing a fine of more than EUR 10 million on Pfizer for alleged abuses of the patent system in violation of Article 102 TFEU. The decision is available here. The (...)

The Italian Competition Authority fines a producer for abuse of its dominant position in the plant health products market (Sapec Agro/Bayer-Helm)
Desogus Law Office (Cagliari)
Introduction By the Sapec Agro/Bayer-Helm decision the Italian Competition Authority has fined € 5.124.359,00 Bayer Cropscience AG (BCS) and its Italian subsidiary Bayer Cropscience Srl for abuse of dominant position in the market for the production and commercialization of fosetyl-based (...)

A US Court of Appeals rules for an hospital holding that its campaign to block a potential rival does not violate s. 2 of the Sherman Act and is protected from antitrust liability under the Noerr-Pennington doctrine (Mercatus Group, Lake Forest Hospital)
Wolters Kluwer (Riverwoods)
First Amendment Rights Provide Antitrust Shield for Successful Petitioning to Block Potential Rival* How far can a competitor go in an effort to convince a local government to block a potential rival from setting up shop in its area without running afoul of the antitrust laws? Last week, the (...)

The UK Office of Fair Trading finds that a medicine producer abuses its dominant position and imposes a fine of £ 10 200 000 (Reckitt Benckiser)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading (OFT) Issues Decision in Reckitt Benckiser Case* On 13 April 2011, the Office of Fair Trading (OFT) issued a decision which found that Reckitt Benckiser abused its dominant position by withdrawing National Health Service packs of its Gaviscon Original (...)

The Irish High Court holds the Health Service Executive to be an undertaking under the traditional Court of Justice definition (Medicall Ambulance)
Arthur Cox (Dublin)
This case concerns an allegation of a breach of dominant position contrary to the Irish Competition Act made by a private ambulance operator against the Health Service Executive, which is a public body that also operates ambulances. This judgment dealt with the preliminary issue as to whether (...)

The UK Department of Health seeks antitrust damages after an abuse of dominant position in the pharmaceutical sector (Reckitt Benckiser)
Van Bael & Bellis
According to press reports, the UK Department of Health, together with 10 health authorities and 144 primary care trusts, has launched an action for damages against Reckitt Benckiser in the High Court. This follows the OFT’s decision to fine Reckitt Benckiser £ 10.2 million for abusing its (...)

The UK Department of Health seeks antitrust damages after an abuse of dominant position in the pharmaceutical sector (Reckitt Benckiser)
Van Bael & Bellis
According to press reports, the UK Department of Health, together with 10 health authorities and 144 primary care trusts, has launched an action for damages against Reckitt Benckiser in the High Court. This follows the OFT’s decision to fine Reckitt Benckiser £ 10.2 million for abusing its (...)

The Italian Competition Authority investigates on infringement of Art. 102 TFUE for misuse of patent (Pfizer)
Bonelli Erede Pappalardo (Rome)
On 13 October 2010, the Italian Competition Authority (the “ICA”) decided to initiate proceedings against Pfizer to assess whether the company had abused its dominant position in the market for medicines to treat visual glaucoma, by blocking or delaying the market entry of generic versions of its (...)

A US Court of Appeals follows a judicial trend applying the "attribution" test under s. 2 of the Sherman Act concerning bundled discounts in the healthcare sector (Southeast Missouri Hospital)
University of Pennsylvania (Philadelphia)
Are the Courts Moving Toward a Consensus on Bundled Discounts and §2 of the Sherman Act?* The Eighth Circuit’s recent decision in Southeast Missouri Hospital v. C.R. Bard, Inc., ___ F.3d ___, 2010 WL 3220600 (8th Cir. Aug. 17, 2010), aligns this Circuit with the Ninth Circuit’s decision in (...)

The EU General Court fines a company for abuse of a dominant position in the pharmaceutical sector addressing the issues of market definition and dominance analysis (AstraZeneca)
Cleary Gottlieb Steen & Hamilton (Brussels)
The General Court’s Judgment In AstraZeneca, Lessons For Market Definition And Dominance Analysis* On July 1, 2010, the European General Court rendered its judgment in the AstraZeneca case, dismissing for the most part AstraZeneca’s appeal against the Commission’s infringement decision of June (...)

The Bulgarian Competition Authority fines the National Health Insurance Fund for imposing maximum retail margins for medicines sold under the national health insurance scheme (National Health Insurance Fund)
University of Technology (Tallinn)
On 7 July 2010 the Bulgarian Competition Authority (CPC) established that the National Health Insurance Fund (NZOK) has abused its dominant position on the market for medicines reimbursed under the national health insurance scheme by imposing the maximum retail margins to be applied by the (...)

The French NCA rejects a claim for interim measures but holds that a pharmaceutical company may be at fault for promoting the differences between its product and competing generic products whereas such differences have no therapeutic value (Sanofi Aventis)
Vogel & Vogel
Since 1998, the Sanofi-Aventis France laboratory has been marketing an antiplatelet medication, Plavix(r), whose intellectual property protection expired on 15 July 2008 in Europe, with the exception of the rights protecting clopidogrel salt used in Plavix(r) and the clopidogrel-aspirin (...)

The UK Competition Authority issues a statement of objections for alleged abuse of a dominant position in the pharmaceutical sector (Reckitt Benckiser)
European Commission (Brussels)
United Kingdom: The Office of Fair Trading (OFT) Issues Statement of Objections for Alleged Abuse of a Dominant Position in the Pharmaceutical Sector On 23 February 2010, the OFT issued a Statement of Objections alleging that Reckitt Benckiser abused its dominant position in the market for the (...)

The Romanian Competition Council rejects a complaint regarding market entry of generics and price fixing in healthcare sector (Actavis, Novartis Pharma, Novartis)
Musat & Asociatii (Bucharest)
On January the 20th 2010 the Romanian Competition Council (the ‘Council’) issued the Decision 03/2010 rejecting a complaint filed by Actavis Group PTC (‘Actavis’) against two companies belonging to the Novartis Group - Novartis Pharma GmbH and Novartis AG (‘Novartis’) alleging a breach of the (...)

The French Competition Authority dismisses allegation of abuse against a pharmaceutical company (Sanofi-Aventis)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
In a recently published decision of 14 January 2010, the French Competition Authority dismissed the allegation of the French Minister for the Economy against Sanofi-Aventis (“Sanofi”) concerning that firm’s pricing practices on the market for the supply of low-molecular-weight heparins (“LMWHs”) (...)

The German Federal Competition Authority imposes fine for resale price maintenance in the hearing aids sector (Phonak)
Van Bael & Bellis
According to a press release of 15 October 2009, the German Federal Competition Authority imposed a fine of €4.2 million on Phonak, a leading supplier of hearing aids in Germany. Phonak supplies hearing aids to specialised resellers, which resell such hearing aids to end-customers. The German (...)

The Cypriot Commission for the Protection of Competition holds two pharmaceutical companies as having abused their dominant position in the vaccines market throught quantitative reductions and free distribution of vaccines (Akis Panayiotou - Wyeth Hellas - Phadisco)
Antoniou Advocates
The Cyprus Commission for the Protection of Competition (“CPC”) found the Wyeth Hellas A.E.B.E. Pharmaceutical Products (Cyprus branch) (“Wyeth”) and Phadisco Ltd (“Phadisco”) to have abused its dominant position in the market of pneumonococcus vaccines, in violation of article 6(1)(d) of the (...)

The President of the Belgian Competition Council confirms refusal by the Competition Auditor to adopt interim measures following alleged abuse of dominance by 10 pharmaceutical companies concerning pharmaceuticals parallel imports (Bofar)
Sheppard Mullin (Brussels)
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Hogan Lovells (Amsterdam)
,
European Court of Justice (Luxembourg)
Introduction On 2 April 2009, the President of the Belgian Competition Council rejected the appeal by Bofar NV ("Bofar") against the decision of the Competition Auditor, which rejected Bofar’s request for interim measures following an alleged abuse of dominance by 10 pharmaceutical companies. (...)

The French Supreme Court confirms rebutting of an appeal against an NCA’s decision sanctioning predatory pricing in the market for sodic cefuroxime (GlaxoSmithKline)
White & Case (Paris)
,
Cullen International
On 17 March 2009, the French Supreme Court confirmed a case dated 8 April 2008 in which the Paris Court of Appeal overruled a decision by the French NCA (the “NCA”) sanctioning GlaxoSmithLine (“GSK”) for predatory pricing in the market for sodic cefuroxime. Background This case does not reflect (...)

The Cypriot Commission for the Protection of Competition rejects a complaint on predatory pricing under Section 6 of the Cypriot law for the protection of competition (Akis Ioannou and A. Ioannou Medicare, Forum Optical, Opthalmos Laser Centre v. Aktis)
Gibson Dunn (Brussels)
On the 29th of January 2009, the Cypriot Commission for the Protection of Competition (hereinafter: the “Commission”) rejected the complaint brought before it by Akis Ioannou, A. Ioannou Medicare Ltd., Forum Optical Ltd. and Opthalmos Laser Centre Ltd. (hereinafter: the “complainants”) against (...)

A US District Court dismisses based on the statute of limitations an antitrust complaint alleging a refusal to deal with a professional association of cardiologists expressed by an operator of five hospitals in Arkansas (Little Rock Cardiology Clinic / Baptist Health)
Sheppard Mullin (Los Angeles)
What Part of “No” Don’t You Understand? Unequivocal Refusal to Deal Triggers Statute of Limitations* Little Rock Cardiology Clinic v. Baptist Health, 573 F. Supp. 2d 1125 (E.D. Ark., August 29, 2008). Little Rock Cardiology Clinic (“LRCC”) is a professional association of cardiologists practicing (...)

The Paris Court of Appeal confirms interim measures imposed by French NCA in an abuse of dominance case in the generic pharmaceutical sector (Arrow / Schering-Plough)
Van Bael & Bellis (Brussels)
,
Practising Law Institute
On 5 February 2008, the Paris Court of Appeal rejected Schering-Plough’s appeal against the French Competition Council’s interim decision of 11 December 2007. In that decision, the Competition Council had ordered Schering-Plough to publish a text in two medical magazines confirming the (...)

The French Competition Council renders a landmark interim decision on competition between princeps and generics (Arrow / Schering-Plough)
Fréget - Tasso de Panafieu Avocats (Paris)
,
Novartis (Basel)
By a decision of 11 December 2007, the Competition Council issued yet another decision concerning the (difficult) competition between princeps and generics at the time when the latter enter a market which becomes accessible upon expiry of the former’s intellectual property rights. Although this (...)

A US Court of Appeals applies a cost-based test to attempted monopolization claim premised on multiproduct discounting (Cascade Health Solutions / PeaceHealth)
Skadden, Arps, Slate, Meagher & Flom (Washington)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
The Ninth Circuit evaluated the antitrust implications of multiproduct or “bundled” discounts in Cascade Health Solutions v. PeaceHealth, CV-02-06032 (Sept. 4, 2007). In doing so, the Ninth Circuit rejected the controversial Third Circuit rule of LePage’s Inc. v. 3M, 324 F.3d 141 (3d Cir. 2003), (...)

A US Court of Appeals rules that bundled discounts will not support a claim under s. 2 of the Sherman Act unless the discounts are below an appropriate measure of costs (Cascade Health Solutions/PeaceHealth)
Winston & Strawn (New York)
,
Haug Partners (New York)
,
Winston & Strawn (New York)
On September 4, 2007 the United States Court of Appeals for the Ninth Circuit issued its much-anticipated decision in Cascade Health Solutions (fka McKenzie- Williamette Hospital) v. PeaceHealth, et al., No. 05-35627, 2007 WL 2473229 (9th Cir. Sept. 4, 2007). The court held that bundled pricing (...)

The French Competition Council fines predatory pricing aimed at preventing entry of generic drugs in hospitals on the basis of both EC and national competition provisions (GlaxoSmithKline France)
Gide Loyrette Nouel
In the decision n° 07-D-09 dated March, 14 2007, the French Competition Council imposed a 10 million € fine on GlaxoSmithKline laboratory for practices aiming at preventing generic drugs from entering the hospital medicines market by conducting a predatory policy. That was considered by the (...)

The Polish Competition Authority finds that the National Health Fund abused of its dominant position by imposing unfairly low prices for the purchase of health services (Narodowy Fundusz Zdrowia)
K&L Gates (Warsaw)
On March 7th, 2007, the Polish competition authority stated that the National Health Fund (Narodowy Fundusz Zdrowia - state institution responsible for financing health system in Poland) (“NFZ”), the state institution responsible for financing health protection services in Poland, abused its (...)

The Polish Office for Competition and Consumer Protection holds that the National Health Fund has imposed its dominant position by imposing low purchase prices of health services (Narodowy Fundusz Zdrowia)
Magdalena Tomaszewska
In his decision dated 7 March 2007, the President of the Office for Competition and Consumer Protection (“the President of the OCCP”) recognized that the National Health Fund (“the NHF”) abused its dominant position on the national market for organizing dentistry services as part of the national (...)

The Polish Competition Authority confirms that the entity in charge of the management of the general compulsory health insurance system is an entrepreneur and therefore is subject to competition law (Narodowy Fundusz Zdrowia)
French National Research Agency (ANR)
President’s of the Office for Competition and Consumer Protection (Prezes Urzedu Ochrony Konkurencji i Konsumentów) March 7th, 2007, Decision n° DOK-28/2007, concerning practices of the National Health Fund (Narodowy Fundusz Zdrowia) On March 7th, 2007 the President of the Office for Competition (...)

The UK Hight Court rules on interim unjunction for an alleged unlawful refusal to supply in the pharmaceutical sector (AAH Pharmaceuticals/Pfizer-UniChem)
King’s College (London)
This note considers one of the two cases recently heard by the “ordinary” courts (the High Court and Court of Appeal) (See also A. Jones, The UK Court of Appeal rejects an allegation of unreasonable refusal to supply and unlawful discriminatory pricing (Attheraces/British Horseracing Board), (...)

The Paris Court of Appeal rejects the complaint of a French wholesaler-exporter of pharmaceutical products and allows quotas and refusals to sell (Pharma-Lab)
Total (London)
On 23 January 2007, the Paris Court of Appeal (hereinafter the “Court”) issued a judgment in which it dismissed an appeal filed against a decision rendered by the French Competition Council (the “Council”) pursuant to Articles 81 and 82 EC and national provisions similar to those articles. In this (...)

The UK Competition Appeal Tribunal grants interim damages of £ 2 M in a case of abusive drugs price setting (Healthcare at Home / Genzyme)
Hogan Lovells
Background GenzymeLimited ("Genzyme”) is the manufacturer of Ceredase and Cerezyme, drugs used in the treatment of Gaucher disease. Genzyme also provided home care services to administer its drugs. The home care services were initially subcontracted, firstly to Caremark and then to Healthcare (...)

The Malta Commission for Fair Trading upheld as abusive the commercial practices of a private hospital and quashes subsidiary legislation stipulating prices of blood products supplied to private medical undertakings (Malta’s National Blood Transfusion Service)
This case started with a complaint filed with the Director of the Office for Fair Trading (hereinafter referred to as ‘Director’) by Medical Laboratory Services Limited and Golden Shepherd Group Limited (hereinafter referred to as ‘complainants’), two undertakings operating different private (...)

The Latvian Competition Council fines the medical gas monopolist for the application of an unfair and discriminating price (AGA SIA)
Best Lawyers
Introduction The Latvian Competition Council in its strategy for the years 2007-2009 has set the aim to strongly combat against the abuse of the dominant position. The Council intends at least to double the number of cases to be reviewed in respect of the abuse of the dominant position. Up (...)

The Athens Court of Appeal seeks a preliminary reference in the case of a pharmaceutical company denying the supply of certain drugs to Greek wholesale (GlaxoSmithKline)
University College London
Factual background The plaintiff was a company operating at the wholesale level, in the pharmaceutical sector, supplying pharmacies and hospitals with drugs and other products related to that sector. The defendant was the Greek Subsidiary of the GlaxoSmithKline Company incorporated in the UK. (...)

The Italian NCA imposes a pharmaceutical company to grant a drug production license (Glaxo - Principi attivi)
Freshfields Bruckhaus Deringer (Rome)
,
GiusPubblicisti Associati
On 8 February 2006, the Italian Antitrust Authority (IAA) closed a one-year long Article 82 investigation in relation to Glaxo refusal to grant a production license to FIS (Fabbrica Italiana Sintetici), for manufacturing in Italy an active compound essential for the production of triptans (...)

The Austrian Supreme Court accepts a dominant undertaking’s refusal to deal as objectively justified (Penicillin G Sodium)
Salzburg University
On 20 December, 2005, the Austrian Supreme Court ruled that a dominant undertaking`s refusal to supply a potential customer is objectively justified by lack of trust. This was due to the potential customer`s negotiation behaviour. Background Since 1999, Defendant has been the sole producer of (...)

The French Competition Council deems that pharmaceutical companies can, under certain conditions, impose quotas restricting parallel exports (Pharma-Lab / GlaxoSmithKline)
European Court of Justice (Luxembourg)
Summary This decision of the French Competition Council concerns the quota systems put in place by pharmaceutical companies in the framework of wholesaling, here limited to exporter wholesalers. The Plaintiffs were : Pharma-Lab, Pharmajet, Pharmadex TMC, European Trade Company and AD Pharm. (...)

The UK Competition Appeal Tribunal issues a key judgement on margin squeeze and rebates in the pharmaceuticals sector (Healthcare at Home / Genzyme)
Freshfields Bruckhaus Deringer (London)
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King’s College (London)
In Genzyme Limited v. OFT, 29 September 2005, the UK Competition Appeal Tribunal (the “CAT”) tackled the difficult question of how to bring an abusive margin squeeze to an end and to ensure it was not repeated. The background to the proceedings was that the OFT had issued a decision (Director (...)

The European Commission imposes a € 60 M fine against two companies in the pharmaceutical sector for abuse of a dominant position (AstraZeneca)
Danish Competition and Consumer Authority (Copenhagen)
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European Commission - DG COMP (Brussels)
"AstraZeneca: the first abuse case in the pharmaceutical sector"* 1. Introduction On 15 June 2005 the Commission adopted a decision (‘Decision’) fining the Swedish company AstraZeneca AB and the UK company Astra-Zeneca Plc (together ‘AZ‘) 60 million euros due to their infringements of Article 82 (...)

The Italian Competition Authority adopts an interim measure ordering that a firm, dominant in the market for the production of a certain antibiotic, must grant a license for the production of a key ingredient of the antibiotic (Merck - Carbapenem)
Shearman & Sterling (Rome)
Merck manufactures, and holds the patent of, a key active ingredient necessary for the production of an antibiotic (carbapenem) used in the treatment of particular types of infection. Merck’s patent rights have expired in most European countries and outside the EU (except the US) but, due to the (...)

The Italian Competition Authority launches an investigation in the pharmaceutical sector for generics under Art. 82 EC (Merck-Principi attivi, Imipenem Cilastatina)
Studio Legale DDPV
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Studio Legale
The “Autorità Garante della Concurrenza e del Mercato” - the Italian national competition authority (the “Authority”) - recently started an investigation in the pharmaceutical sector under article 82 of the EC Treaty. The issue is to determine whether Merck is in a dominant position in the market (...)

The Italian national competition authority finds pharmaceutical companies guilty of abuse of dominant position and imposes a drug production license (Merck - Glaxo)
Studio Legale DDPV
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Studio Legale
The Italian national competition authority (“INCA”) recently opened an in-depth investigation in the pharmaceutical sector, for breach of art. 82 of the EC Treaty. This is the first time that the INCA imposes interim measures according to art. 5 of Council Regulation n° 1/2003, of 16 December (...)

A US Court of Appeals finds unlawful maintenance of dominant position on the market for sale of prefabricated artificial teeth (Dentsply International)
Sheppard Mullin (Los Angeles)
Dentsply International, Inc. In Violation Of Section 2 For Monopoly Maintenance Through Use Of Exclusivity Clauses* In a reversal of the dismissal of the Department of Justice Antitrust Division (DOJ) complaint, alleging violations of Section 1 and 2 of the Sherman Act and Section 3 of the (...)

The UK Competition Appeal Tribunal finds a pharmaceutical company guilty of margin squeeze but rejects the OFT’s evidence on bundling (Genzyme)
European Commission (Brussels)
Genzyme Limited ("Genzyme") is a pharmaceutical company which produces Cerezyme - the main drug for the treatment of Gaucher disease. The drug is taken by approximately 190 patients in the United Kingdom and is usually administered at home with the assistance of trained medical staff. Between (...)

The Court of First Instance of Athens rejects the claim that a pharmaceutical company abused its dominant position by limiting the supply of certain drugs to the distributors in Greece in order to avoid parallel exports of its products (GlaxoSmithKline)
Agora Trading
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University of Reading
The facts In 2001 a distributor of pharmaceutical products lodged a complain to the Court of First Instance of Athens against its supplier claiming that the latter’s decision to stop supplying it with drugs (as it had been doing for 20 years) and to establish a new distribution network in the (...)

The Netherlands Competition Authority approves the definitive guidelines for the healthcare sector
Netherlands Authority for Consumers & Markets (The Hague)
NMa Approves Guidelines for the Healthcare Sector* The Netherlands Competition Authority (NMa) has approved the definitive guidelines for the healthcare sector. The guidelines describe clearly what agreements restrain competition and, in principle, are prohibited, such as agreements on prices (...)

The UK Competition Commission Appeal concludes that a public body is an undertaking when "engaging in purchasing activities" (Bettercare Group Limited)
UK Competition and Markets Authority (CMA) (London)
A. Introduction On 1 August 2002, the Competition Commission Appeal CCAT ("the CCAT") made an important ruling on the application of competition law to publically financed healthcare bodies. In over-ruling the decision of the Office of Fair Trading ("the OFT"), the CCAT held that the North and (...)

The Slovak Competition Authority issues a negative decision on alleged abuse of dominance in the determination of the maximum financial extent of health services for medical transport facilities and related prices for these services (Vseobecná zdravotná poisťovňa / STIMAR)
Havel, Holasek & Partners (Brno)
I. Relevant facts In the following case, the Slovak Antimonopoly Office (Office) stated that the conduct of General Health Insurance Company (VZP) is not considered an abuse of the dominant position according to Article 8 (2) of the Slovak Competition Act. The Office investigated the (...)

The European Commission exceptionally orders the licensing of a copyright to safeguard competition in the German pharmaceutical sales reports market (IMS Health)
British Embassy to the DRC
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European Commission - DG COMP (Brussels)
"Commission exceptionally orders the licensing of a copyright to safeguard competition in the German pharmaceutical sales reports market"* 1. Introduction On 3 July 2001 the Commission adopted an interim measures Decision finding that IMS Health, a US company selling pharmaceutical sales (...)

The European Commission imposes interim measures on the world leader in data collection on pharmaceutical sales and prescriptions considering that its refusal to grant license constitutes an abuse of dominance (IMS Health)
White & Case (Brussels)
This article analyses the three major recent cases dealing with the boundary between EC competition law and intellectual property rights: the Commission’s interim measures decision in the IMS case, the European Court of Justice’s later judgment in IMS and, finally, the Commission’s decision in the (...)

The French Competition Authority fines laboratory for preventing entry of generics in the market for anesthetic drug (Abott France)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Abbott France abused the dominant position it held in the market for Isoflurane* In a decision dated 10th May 2001, following a referral by the Delegate Minister of Finance and External Trade, the Conseil de (...)

Mergers

The EU Commission refers the review of a merger concerning two private hospital groups back to the French Competition Authority (Médipôle-Partenaires / Elsan)
French Competition Authority (Paris)
The European Commission has referred the review of the acquisition of Médipôle-Partenaires by Elsan back to the Autorité de la concurrence* On 31 January 2017, the European Commission has referred the review of the acquisition of sole control of Médipôle-Partenaires by Elsan, two private hospital (...)

The Spanish Competition Authority clears a merger subject to remedies in the healthcare sector (Quironsalud / Fresenius Helios)
Callol, Coca & Asociados
The acquisition (Transaction) of Quironsalud by Fresenius Helios had been initially notified to the European Commission, who referred the Transaction to the SCA under Article 9 of the EU Merger Regulation. On 22 December 2016, the SCA issued its phase I decision authorizing the Transaction (...)

The Chinese MOFCOM rules that a foreign-to-foreign deal "jumped the gun" in breach of antitrust rules (Canon / Toshiba Medical Systems)
Hogan Lovells (Beijing)
MOFCOM rules that foreign-to-foreign deal "jumped the gun" in breach of antitrust rules* In a decision adopted on 16 December 2016 and made public on 4 January 2017, the Chinese Ministry of Commerce (“MOFCOM“) fined Japanese company Canon for failure to file its acquisition of Toshiba Medical (...)

The UK Competition Authority opens an in-depth inquiry concerning a merger on the mental healthcare services market (Acadia / Priory)
UK Competition and Markets Authority (CMA) (London)
Acadia/Priory merger faces in-depth investigation* Acadia’s completed acquisition of Priory faces being referred for an in-depth investigation by the CMA. Acadia Healthcare Company, Inc (Acadia) through its UK subsidiary Partnerships in Care, and Priory Group No.1 Limited (Priory) overlap in (...)

The US District Court for the Northern District of Illinois Eastern Division denies preliminary injunction on the basis that geographic market analysis was erroneous in a hospital merger case (Advocate Health / NorthShore)
Constantine Cannon (Washington)
Geographic market definition trips up FTC as Federal Court rejects challenge to Advocate-NorthShore Hospital merger*The loss of the Federal Trade Commission (“FTC”) in a hospital merger case in the U. S. District Court for the Northern District of Illinois last week highlights just how tricky (...)

The EU Commission clears a merger, subject to remedies, on the market of consumable dental products for the professional dental (Dentsply /Sirona)
European Commission - DG COMP (Brussels)
Mergers: Commission approves Dentsply acquisition of dental equipment supplier Sirona, subject to conditions* The European Commission has approved under the EU Merger Regulation the proposed acquisition of dental equipment supplier Sirona by Dentsply, both of the US, subject to conditions. (...)

The Irish Competition and Consumer Protection Commission approves a merger following the parties’ submission of a failing division argument (Baxter Healthcare / Fannin Compounding)
LK Shields
Introduction The Irish Competition and Consumer Protection Commission (CCPC) has approved a merger under the Irish Competition Act 2002 (as amended) following the parties’ submission of a failing division argument. The transaction saw Baxter Healthcare Limited (Baxter) seeking to acquire sole (...)

The U.S. District Court for the Northern District of Ohio denies the Federal Trade Commission’s bid to enjoin a company from acquiring its alleged potential competitor (Steris/Synergy)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (New York)
On September 24, 2015, the U.S. District Court for the Northern District of Ohio denied the Federal Trade Commission’s (FTC) bid to enjoin Steris Corporation (Steris) from acquiring its alleged potential competitor, Synergy Health plc (Synergy). The loss breaks a string of victories in merger (...)

The U.S. District Court for the Northern District of Ohio denies the FTC bid for a preliminary injunction in a merger case (Steris / Synergy)
Squire Patton Boggs (Washington)
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Proskauer (Washington)
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Proskauer (Washington)
"Prophesy is a good line of business, but it is full of risks." Mark Twain could have been speaking about the FTC’s recent challenge to a merger between the second- and third- largest sterilization companies in the world, Steris Corporation and Synergy Health. FTC v. Steris Corp., 2015 WL (...)

The U.S. District Court for the Northern District of Ohio denies the FTC’s bid to prevent company from acquiring its alleged potential competitor (Steris / Synergy Health)
Skadden, Arps, Slate, Meagher & Flom (New York)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
,
Skadden, Arps, Slate, Meagher & Flom (Washington)
On September 24, 2015, the U.S. District Court for the Northern District of Ohio denied the Federal Trade Commission’s (FTC) bid to enjoin Steris Corporation (Steris) from acquiring its alleged potential competitor, Synergy Health plc (Synergy). The loss breaks a string of victories in merger (...)

The French Competition Authority examines two merger cases referred back by the EU Commission that would normally have fallen within the European jurisdiction (Auchan and Système U and Vedici / Vitalia)
French Competition Authority (Paris)
The European Commission has referred the examination of two major merger cases back to the Autorité de la concurrence* The European Commission has referred back to the Autorité de la concurrence two merger cases that would normally have fallen within its jurisdiction: the alliance agreement (...)

The Dutch Competition Authority prohibits a merger in the market of hospitals (Albert Schweitzer Hospital / Rivas Zorggroep)
Netherlands Authority for Consumers & Markets (The Hague)
ACM prohibits proposed merger between two Dutch hospital groups* The Netherlands Authority for Consumers and Markets (ACM) has not approved the proposed merger of two hospital groups in the southwestern part of the Netherlands, near the cities of Dordrecht and Gorinchem: Albert Schweitzer (...)

The Competition Commission of Singapore takes a provisional decision to block a proposed acquisition in the radiology and imaging services sector (RadLink-Asia / Fortis Singapore)
Allen & Gledhill
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Allen & Gledhill (Singapore)
On 16 March 2015, the Competition Commission of Singapore (“CCS”) announced that it had taken a provisional decision to block the proposed acquisition of RadLink-Asia Pte Limited (“RadLink”), a wholly owned subsidiary of Fortis Healthcare Singapore Pte. Limited (“Fortis Singapore”) by Medi-Rad (...)

The US Court of Appeals for the Ninth Circuit provides significant judicial guidance for future health care mergers, casting serious doubt on the viability of a “post-merger efficiencies defense” to a prima facie case of a Section 7 violation (St. Luke’s Health System, Saltzer Medical Group)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Century City)
In Highly-Anticipated Decision, Ninth Circuit Affirms That Hospital-Physician Group Merger in St. Luke’s Violated Section 7 And Casts Serious Doubt on Viability of Efficiencies Defense* On February 10, 2015, the Ninth Circuit issued its highly-anticipated decision at the intersection of health (...)

A US Court of Appeals upholds that the theory of harm articulated by the FTC in hospital merger cases is fully applicable to physician acquisition cases and that the positive impact on competition of the claimed efficiencies must be clearly demonstrated (St. Luke’s Health System, Saltzer Medical Group)
BakerHostetler (Washington)
“Oh help me, please doctor, I’m damaged”—What does the Future Hold for Hospital-Physician Acquisitions?* With the ink still drying on the Ninth Circuit’s opinion affirming the Idaho federal district court’s order requiring St. Luke’s Health System to unwind its acquisition of Saltzer Medical Group—a (...)

A US State Court rejects a proposed consent judgement for under-addressing the competitive harm (Commonwealth / Partners Healthcare System)
Simpson Thacher & Bartlett (New York)
,
New York State Executive Chamber
Massachusetts Court Unsettles Partners’ Hospital Merger By Nixing Consent Judgment* A Massachusetts state court on Thursday derailed the settlement of a challenge to the proposed merger of Partners Health System with rivals South Shore Health and Educational Corp. (South Shore Hospital) and (...)

The Netherlands Authority for Consumers and Markets clears a merger of three care providers in the northern Dutch province of Friesland (Kwadrantgroep, Antonius Zorggroep and Nij Smellinghe/Pasana)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears merger between three northern care providers* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger of three care providers in the northern Dutch province of Friesland, which are Kwadrantgroep, Antonius Zorggroep and Nij Smellinghe/Pasana. These three care (...)

The Spanish Competition Commission fines company for failing to notify a concentration and executing it before receiving clearance, but admits that it would not have noticed the infringement if the company had not warned it (Essilor/Polycore)
Cuatrecasas, Goncalves Pereira (Madrid)
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Cuatrecasas, Goncalves Pereira (Barcelone)
On July 31, 2014, the Spanish National Commission for Markets and Competition (Comisión Nacional de los Mercados y la Competencia or “CNMC”) fined ESSILOR INTERNATIONAL (COMPAGNIE GENERALE D’OPTIQUE) S.A. for failing to notify a merger agreement and breaching the obligation to suspend its execution (...)

The New Zealand Commerce Commission issues a statement of preliminary issues relating to the clearance of an acqusition of brand and product assets on the market for supply of consumer goods including personal lubricants (Reckitt Benckiser / Johnson & Johnson)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Statement of preliminary issues for Reckitt Benckiser’s application to acquire K-Y* The Commerce Commission has published a statement of preliminary issues relating to an application from Reckitt Benckiser Group Plc (Reckitt (...)

The Competition and Markets of UK clears the proposed takeover of two hospitals (Heatherwood, Wexham and Frimley Park)
DLA Piper (London)
The Competition and Markets Authority (CMA) cleared the proposed takeover of Heatherwood and Wexham Hospitals NHS Foundation Trust by Frimley Park Hospital NHS Foundation Trust in May 2014. Heatherwood and Wexham are two struggling hospitals located near top- performing Frimley Park hospital. (...)

The German Competition Authority prohibits proposed merger between district clinics and local clinical centre (Esslingen clinics)
German Competition Authority (Bonn)
Bundeskartellamt prohibits merger between hospitals in Esslingen* The Bundeskartellamt has prohibited plans of the administrative district of Esslingen and the town of Esslingen to merge the Esslingen district clinics (Kreiskliniken Esslingen) with the Esslingen clinical centre (Klinikum (...)

The US Sixth Circuit Court of Appeals strikes down Ohio hospital merger as anticompetitive (ProMedica Health System)
Norton Rose Fulbright (Washigton)
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Norton Rose Fulbright
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Norton Rose Fulbright (Austin)
Continuing the Federal Trade Commission’s (the FTC’s) string of wins in hospital merger cases, the United States Court of Appeals for the Sixth Circuit (the Sixth Circuit) upheld an FTC decision ordering the largest hospital provider in the Toledo, Ohio area to divest a smaller independent (...)

The US Court of Appeals for the Sixth Circuit confirms the decision of the FTC regarding a merger in the healthcare sector (ProMedica)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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General Electric (Washington)
On April 22, 2014, the United States Court of Appeals for the Sixth Circuit handed the Federal Trade Commission (FTC or Commission) another significant victory in a hospital merger, ruling that the FTC’s decision and order requiring that ProMedica divest St. Luke’s, another Lucas County, (...)

The Australian Competition and Consumer Commission releases statements outlining concerns with the proposed acquisition of a private hospital in Melbourne (Brunswick Private Hospital / Healthscope)
Australian Competition and Consumer Commission
ACCC releases Statement of Issues on proposed acquisition of Brunswick Private Hospital by healthscope* The Australian Competition and Consumer Commission has released a Statement of Issues (SoI) outlining concerns with the proposed acquisition of the Brunswick Private Hospital, in Melbourne’s (...)

The German Competition Authority clears acquisition of medical care centres and clinics pursuant to the exclusion from the transaction of hospitals operated on four regional medical care markets (Helios Kliniken / Rhön-Klinikum)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition by Helios Kliniken (Fresenius) of 40 clinics and 13 medical care centres operated by Rhön-Klinikum AG* The Bundeskartellamt has cleared plans by the Helios clinics, which belong to the Fresenius group, to acquire the control of a total of 40 clinics and 13 (...)

The Netherlands Authority for Consumers and Markets clears a merger between two hospitals (Noorderboog / Isala)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears merger between two eastern Dutch hospitals* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger between two hospitals in the eastern Dutch provinces of Overijssel and Drenthe. These hospitals are the Noorderboog hospital in the city of Meppel and the (...)

The United States District Court for the District of Idaho orders to unwind a hospital/physician group merger (St. Luke’s Health System / Saltzer Medical)
Paul Hastings (Washington)
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Paul Hastings (San Francisco)
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Paul Hastings (Los Angeles)
On January 24, 2014, the United States District Court for the District of Idaho ordered St. Luke’s Health System to unwind a merger with the Saltzer Medical Group. The outcome represented a significant victory for the various parties, including the Federal Trade Commission (“FTC”) and the State (...)

A US District Court orders the largest care system in Idaho to divest independent multi-specialty physician practice (St. Luke’s Health System / Saltzer Medical)
Wolters Kluwer (Riverwoods)
Combination of Idaho’s Largest Health System and Largest Physician Practice Must Be Unwound* Within the span of about two weeks, each of the federal antitrust agencies has been handed a major win in their merger enforcement efforts. Last Friday, it was the Federal Trade Commission’s turn. The (...)

The Australian Competition and Consumer Commission opposes the proposed acquisition in the radiology industry (Delta Imaging / Sonic Health)
Australian Competition and Consumer Commission
ACCC to oppose Sonic’s acquisition of the assets of Delta Imaging Group* The Australian Competition and Consumer Commission has announced it will oppose the proposed acquisition by Sonic Healthcare Limited (Sonic) of assets of Delta Imaging Pty Limited (in liquidation), Delta Imaging Maitland (...)

The New Zealand Commerce Commission approves conditionally an acquisition in the life sciences industry (Thermo Fisher Scientific / Life Technologies)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Thermo Fisher cleared to acquire Life Technologies subject to a divestment undertaking’ The Commerce Commission has cleared Thermo Fisher Scientific Inc. (Thermo Fisher) to acquire Life Technologies Corporation (Life Technologies). (...)

The Australian Competition and Consumer Commission conditionally approves the proposed acquisition in life science sector (Life Technologies / Thermo Fisher Scientific)
Australian Competition and Consumer Commission
ACCC conditionally approves the proposed acquisition of Life Technologies by Thermo Fisher* The Australian Competition and Consumer Commission has announced that it will not oppose the proposed acquisition of Life Technologies Corporation by Thermo Fisher Scientific Inc after competition (...)

The Netherlands ACM approves merger between hospital groups (MCH / Bronovo)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears merger between hospitals Bronovo and Medisch Centrum Haaglanden* The Netherlands Authority for Consumers and Markets (ACM) has cleared the merger between hospital groups Medisch Centrum Haaglanden (MCH) and Bronovo in The Hague. In the post-merger situation, health insurers will (...)

The German Competition Authority initiates second phase proceedings on a takeover of medical care centres (Fresenius / Rhön)
German Competition Authority (Bonn)
Bundeskartellamt initiates second phase proceedings on the takeover of Rhön locations by Fresenius* Bonn, 27 November 2013: In merger control proceedings relating to the planned takeover of Rhön subsidiaries by Fresenius the Bundeskartellamt has initiated second phase proceedings. The health (...)

The UK Competition Commission doesn’t find enough evidence that the merger could provide specific benefits for patients which would outweigh the harm from the loss of competition and choice (Dorset Foundation Trusts)
UEA law school - Centre for Competition Policy
Article published on Centre for Competition Policy blog. The Meaning of ‘Relevant Customer Benefits’ in the Context of Health Care: Monitor’s Advice and the Competition Commission’s Response to the Dorset Foundation Trusts’ merger* On 17 October, the Competition Commission (CC) blocked the (...)

The Netherlands ACM clears the creation of a joint-venture for proton therapy between medical centers (HollandPTC)
Netherlands Authority for Consumers & Markets (The Hague)
ACM clears creation of proton-therapy joint venture The Netherlands Authority for Consumer and Markets (ACM) has cleared the creation of ‘HollandPTC,’ a joint venture for proton therapy between TDH Services (part of Delft University of Technology), Erasmus Holding and Leiden University Medical (...)

The US FTC agrees to "unusual" remedy in hospitals merger case (Phoebe Putney Health System)
Jones Day (Washington)
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Jones Day (Washington)
The U.S. Federal Trade Commission has settled its long running dispute with the Phoebe Putney Health System, Palmyra Park Hospital, and the Hospital Authority of Albany-Dougherty County over the Hospital Authority’s acquisition of Palmyra in Albany, Georgia. Memorialized in a consent decree, the (...)

The Chinese MOFCOM grants a clearance on the proposed acquisition of a Swedish equipment manufacturer by an American healthcare company (Baxter & Gambro)
AnJie Law (Beijing)
MOFCOM conditionally approves Baxter’s acquisition of Gambro* On 8 August 2013, China’s Ministry of Commerce ("MOFCOM") granted a clearance on the proposed acquisition of the Swedish dialysis equipment manufacturer Gambro AB ("Gambro") by its US rival healthcare company Baxter ("Baxter") in (...)

The New Zealand Commerce Commission clears acqusition in the sector for kidney dialysis systems for the treatment of acute and chronic kidney disorders (Baxter / Gambro)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Baxter International cleared to acquire Gambro AB subject to a divestment undertaking* The Commerce Commission has cleared Baxter International Inc (Baxter) to acquire 100% of the shares in Gambro AB (Gambro). The clearance is (...)

The German Competition Authority forbids a previously approved acquisition in the healthcare sector since the acquirer no longer intends to comply with conditions for clearance (Asklepios / Rhön)
German Competition Authority (Bonn)
Participation of Asklepios Group in rival Rhön-Klinikum retroactively prohibited - Asklepios no longer intends to comply with condition for clearance (sale of Goslar clinics)* Bonn, 30 July 2013: In spring this year the Bundeskartellamt approved plans by Asklepios Kliniken (...)

The Netherlands Authority for Consumers & Markets permits the establishment of a joint venture between undertakings in the healthcare sector, and clarifies when under the Dutch Competition Act a minority shareholder may exercise joint control over a concentration (Star MDC – Reinier de Graaf Groep)
Netherlands Ministry of Economic Affairs
Introduction On 30 May 2013 the Dutch Authority for Consumers & Markets (Autoriteit Consument & Markt, ACM) issued a decision clearing the establishment of a joint venture by two undertakings in the healthcare sector. The foundations Stichting Star-Medisch Diagnostisch Centrum (Star (...)

The German Competition Authority clears proposed acquisition of a district hospital in Heppenheim (Kreiskrankenhaus Bergstraße)
German Competition Authority (Bonn)
Bundeskartellamt clears hospital merger in Bergstraße region* In main examination proceedings the Bundeskartellamt has cleared plans by Heidelberg University Hospital, Universitätsklinikum Heidelberg, to acquire a 90% share of the district hospital Kreiskrankenhaus Bergstraße gGmbH in Heppenheim. (...)

The German Competition Authority conditionally clears merger on hospital market (Asklepios Group / Rhön-Klinikum)
German Competition Authority (Bonn)
Participation of Asklepios Group in rival Rhön-Klinikum cleared subject to condition* The Bundeskartellamt has approved plans by Asklepios Kliniken Verwaltungsgesellschaft to acquire a 10.1% stake in Rhön-Klinikum AG, subject to a condition precedent. In the Goslar region the project would have (...)

The US Supreme Court confirms the narrow scope of "State Action" doctrine (FTC v. Phoebe Putney)
Jones Day (Washington)
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Jones Day (Washington)
In FTC v. Phoebe Putney, the Supreme Court has unanimously reversed the Eleventh Circuit holding that a Georgia hospital authority’s acquisition of a hospital was covered by state-action immunity, emphasizing that "state-action immunity is disfavoured". The Supreme Court held that, as the State (...)

England’s new economic regulator for healthcare advises the OFT and CC on the first NHS Foundation Trust merger notified following the Health and Social Care Act 2012 (Dorset FT)
UEA law school - Centre for Competition Policy
Article published on Centre for Competition Policy blog. Monitor’s Advice to the OFT and the New Healthcare Regulation* On 11 February, Monitor (the independent regulator of NHS foundation trusts and economic regulator for healthcare in England) published its advice to the Office of Fair (...)

The German Bundeskartellamt clarifies the geographic allocation of turnover, particularly in relation to the application of the minor markets exemption (Lenzing AG / Kelheim Hygene)
Jones Day (Brussels)
In the Bundeskartellamt’s decision in Lenzing AG / Kelheim Hygene Fibres GmbH, in which it prohibited the creation of a monopoly in the viscose fibres market, the Bundeskartellamt clarified how it deals with the geographic allocation of turnover, especially in relation to the assessment of (...)

The German Competition Authority clears acquisition on the market for blood transfusion technology and manufacture of equipments used in blood collection, filtration and processing (Fresenius Kabi / Fenwal)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition of Fenwal by Fresenius* Bonn, 12 December 2012: The Bundeskartellamt has cleared the planned acquisition of Fenwal Holdings Inc by Fresenius Kabi AG. Both companies are active in blood transfusion technology and manufacture products used in blood collection, (...)

The US FTC jointly with the Pennsylvania Attorney General oppose proposed acquisition in the health care industry (RHS / SIR)
Sheppard Mullin (Los Angeles)
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Sheppard Mullin (Century City)
Large General Acute-Care Hospital Abandons Acquisition Of 15-Bed Surgical Specialty Center As A Result Of FTC Challenge* Just three days after the Federal Trade Commission, jointly with the Pennsylvania Attorney General, issued an administrative complaint challenging Reading Health System’s (...)

The German Competition Authority prohibits hospital merger, rejecting failing firm defence (Klinikum Worms / Hochstift hospitals)
Van Bael & Bellis (Brussels)
On 5 October 2012, details were published concerning a 5 September 2012 decision by the German Federal Cartel Office (“FCO”) prohibiting a proposed merger between two hospitals in Worms, a city on the west bank of the Rhine River in southwest Germany. According to the FCO, the proposed (...)

The UK Competition Appeal Tribunal rejects appeal against merger remedies in the healthcare waste services industry (Stericycle/Ecowaste Southwest)
St John’s Chambers
UPDATE: Stericycle/Ecowaste merger: Competition Appeal Tribunal rejects appeal against remedies* An earlier post considered the Competition Commission’s (“CC”) prohibition of Stericycle’s completed acquisition of a competitor, Ecowaste Southwest. Having found that the merger would have resulted in (...)

The UK Competition Commission prohibits a completed merger in the healthcare waste services industry requiring the divestment of the acquired business (Stericycle / Ecowaste Southwest)
St John’s Chambers
Competition Commission prohibition of completed merger a warning to companies that do not wait for UK merger clearance* Unlike in most countries, in the United Kingdom, the notification of mergers is voluntary and there is no waiting period that must expire before a merger can be completed. (...)

The US FTC announces consent agreement to address its concerns that a proposed acquisition would reduce competition in the provision of acute inpatient psychiatric services in three local markets (Universal Health Services / Psychiatric Solutions)
Skadden, Arps, Slate, Meagher & Flom (Washington)
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Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
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Kirkland & Ellis (New York)
On November 15, the Federal Trade Commission (FTC) announced a proposed consent agreement to address the agency’s allegations that the $3.1 billion acquisition of Psychiatric Solutions, Inc. by Universal Health Services, Inc. (UHS) would reduce competition in the provision of acute inpatient (...)

The Romanian Competition Authority clears a healthcare merger subject to structural divestitures and behavioural commitments (Fresenius, Renamed)
University of Technology (Tallinn)
On 20 June 2011 the Romanian Competition Authority (CC) has cleared a healthcare merger subject to certain structural divestitures and behavioural commitments. The subject concentration was notified by SC Fresenius Nephrocare Romania SRL (Fresenius), which set out to acquire sole control over (...)

The European Commission waives commitment imposed on a merger in the DNA probes sector (Hoffmann-La Roche/Boehringer Mannheim)
Van Bael & Bellis (Brussels)
In a recently published decision of 3 May 2011, the European Commission waived certain commitments imposed as a condition of its approval of the acquisition of Boehringer Mannheim by Hoffman-La Roche in February 1998. In the 1998 decision, the Commission found that Hoffman-La Roche’s dominant (...)

A US Federal Court of Appeals issues a decision in healthcare sector clarifying the bounds of lawful information exchanges in pre-merger due diligence (Omnicare, UnitedHealth)
White & Case (Washington)
Federal Appeals Court Clarifies the Bounds of Lawful Information Exchanges in Pre-Merger Due Diligence* Information sharing between merging parties is a crucial part of pre-merger due diligence, yet courts have rarely weighed in to clarify when, if ever, such information exchanges run afoul of (...)

The UK Office of Fair Trading holds that merger between two laboratories does not require referral to the Competition Commission under the Enterprise Act 2002 (Reckitt Benckiser)
University of Southampton
I. Introduction The Office of Fair Trading (OFT) has decided the merger between Reckitt Benckiser Inc. (Reckitt) and Combe Incorporated (Combe) will not substantially lessen competition in the market for the supply of certain pharmaceutical products. The merger does not have to be referred to (...)

The US FTC sues to undo completed acquisition in the healthcare industry approved by bankruptcy court (LabCorp, Westcliff)
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Washington)
The Federal Trade Commission has filed an administrative lawsuit seeking to undo Laboratory Corporation of America’s (« LabCorp ») acquisition of Westcliff Medical Laboratories, Inc. (« Westcliff »). According to the agency’s December 1 complaint, the merger will substantially lessen competition (...)

The US FTC sues to undo completed acquisition in the healthcare industry approved by bankruptcy court (LabCorp, Westcliff)
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Washington)
The Federal Trade Commission has filed an administrative lawsuit seeking to undo Laboratory Corporation of America’s (« LabCorp ») acquisition of Westcliff Medical Laboratories, Inc. (« Westcliff »). According to the agency’s December 1 complaint, the merger will substantially lessen competition (...)

The European Commission conditionally approves a merger in the body and laundry care industries (Unilever / Sara Lee)
RBB Economics (London)
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RBB Economics (London)
Roll on demand estimation: the EC’s empirical analysis in Unilever/Sara Lee* The European Commission’s decision on Unilever/Sara Lee represents an important step in the use of merger simulations in assessing mergers, placing greater prominence on such analysis than in previous cases where this (...)

The Netherlands Competition Authority clears pharmacies merger, subject to divestiture of four pharmacies (Brocacef/Lloyds Nederland)
Liberty Global (Amsterdam)
The merger The merger involved the acquisition of Lloyds Nederland BV («Lloyds») by Brocacef Holding NV («Brocacef»). Lloyds operated 63 pharmacies in the Netherlands at the time of the decision by the Netherlands competition authority («NMa») and is a subsidiary of the German group Celesio AG. (...)

The US District Court for the District of Minnesota dismisses FTC complaint seeking divestiture and disgorgement remedy in consummated acquisition in the healthcare industry (Lundbeck)
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Washington)
In a decision that was filed under seal in late August but released publicly just last week, the U.S. District Court for the District of Minnesota dismissed with prejudice the complaint filed by the Federal Trade Commission (FTC) and the State of Minnesota challenging the already-consummated (...)