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
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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