The Italian Council of State confirms that the Italian Competition Authority wrongly established a bid rigging practice in the medical sector (Alliance / Siemens / Philips / Toshiba / AGCM)

By its recent judgment in Magnetic Resonance Imaging Scanners (MRI Scanners) [1] the Italian Council of State uphold on appeal the judgement previously handed down by the Regional Administrative Court of Latium (TAR Latium) [2]. The TAR Latium set aside a decision made by the Italian Competition Authority (ICA) that had found a bid rigging practice in the medical sector imposing an overall fine of approximately € 5 million [3]. Both the TAR Latium and the Council of State took the position that the evidence and facts gathered by the ICA did not prove to the requisite standard the objected anticompetitive practice. The facts of the case In June 2009 the contracting authority, SORESA, called for a competitive tender procedure for the purchase, in a single allotment contract, of 7 MRI

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Michele Giannino, The Italian Council of State confirms that the Italian Competition Authority wrongly established a bid rigging practice in the medical sector (Alliance / Siemens / Philips / Toshiba / AGCM), 14 January 2019, e-Competitions Bulletin January 2019, Art. N° 89212

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