The Spanish Supreme Court provides guidance on the application of the proof by presumptions test in the context of a bid rigging case in the healthcare sector (Amersham Health)

On October 3, 2009, the Spanish Supreme Court (Tribunal Supremo) quashed the Appellate Administrative Court's (Audiencia Nacional) judgment of April 11, 2006 upholding a decision of the Spanish competition authority (“NCA”) to fine four healthcare companies for bid-rigging on the market for the supply of radio pharmaceutical equipment. Factual background This case dates back to January 2002 when the Madrid Hospital Gregorio Marañon [1] (the “Hospital”) lodged a complaint with the NCA against four healthcare companies (Amersham Health, Nucliber and the Spanish subsidiaries of Tyco Healthcare and Schering). The complaint argued that the healthcare companies had allegedly colluded on prices in the context of two public contracts for the supply of radio-pharmaceutical equipment in 2001. On

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Jaime Garcia-Nieto, Hervé Ajouc, The Spanish Supreme Court provides guidance on the application of the proof by presumptions test in the context of a bid rigging case in the healthcare sector (Amersham Health), 3 October 2009, e-Competitions October 2009, Art. N° 31175

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