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 particular, it suggests that extreme care should be taken in discussing at the level of trade associations the terms and conditions of a tender. Even if the discussion does not concern commercial issues, but rather specific regulatory matters, the mere fact of discussing the problems raised by a particular tender within a trade association could expose a company to antitrust liability. The facts In Italy, ostomy devices are usually supplied either directly to hospitals for being
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The Italian Competition Authority fines four ostomy device manufacturers for alleged bid rigging (Gare per la fornitura di dispositivi per stomia)
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