Healthcare

Anticompetitive practices

The Mexican Competition Authority fines polyethylene gloves providers for price coordination and bid-rigging in the health sector (Galeno / Holiday)
Mexican Competition Authority (Mexico City)
COFECE sanctions polyethylene gloves providers for coordinating their prices and discounts bids in public procurement in the health sector*  The Commission proved the responsibility of Galeno and Holiday in the execution of absolute monopolistic practices, also known as collusive agreements or (...)

The US FTC files a complaint against an undertaking seeking permanent injunctive relief and equitable relief, including monetary relief, for an anticompetitive scheme to preserve a monopoly for a drug (Vyera Pharmaceuticals / Pharma Bro)
Wolters Kluwer (Riverwoods)
WILL THE SUPREME COURT LIMIT THE FTC’S USE OF SECTION 13(B) COURT ACTIONS?* The FTC’s authority to seek permanent injunctive relief and monetary relief under Section 13(b) of the FTC Act is being called into question. While more commonly used in consumer protection cases, Section 13(b) has been (...)

The Mexican Competition Authority presents criminal complaint against individuals who could have colluded in the sale of goods and services in the health sector
Mexican Competition Authority (Mexico City)
For the second time, COFECE presents criminal complaint against individuals that could have colluded in the sale of goods and services in the health sector* Mexico City, October 23, 2019.‐ Yesterday, the Federal Economic Competition Commission’s (COFECE or Commission) Investigative Authority (...)

The Mexican Competition Authority notifies economic agents of their probable responsibility for collusion in the pharmaceutical market following an investigation in the health sector
Mexican Competition Authority (Mexico City)
COFECE notifies economic agents of a statement of probable responsibility for collusion in the market for pharmaceuticals* • The Investigative Authority concluded their probe and issued a statement indicating probable collusion. • The notification of a statement of probable responsibility (...)

The French Competition Authority fines companies in the chemical pathology products market for failing to apply the legislative changes brought about by the Lurel Act on the implementation of export agreements (bioMérieux / Guyane Service Médical)
Autorité de la concurrence (Paris)
The Autorité has fined the companies bioMérieux and Guyane Service Médical for continuing to implement an exclusive import agreement, after the Lurel Act came into force.* Following information submitted by the Directorate General for Competition Policy, the Autorité issues a new decision (...)

The Portuguese Competition Authority confirms dawn raids in the healthcare sector
Portuguese Competition Authority (Lisbon)
AdC confirms dawn raids in the healthcare sector* The Autoridade da Concorrência (AdC) - Portuguese Competition Authority confirms it has carried out dawn raids in eight locations of nine entities in the healthcare sector in Lisbon, Porto and Algarve, following suspicions of anticompetitive (...)

The U.S. FTC reverses Administrative Law Judge decision, finding Section 5 violation for reverse-payment settlement (Impax)
Rutgers University (New Jersey)
In FTC v. Actavis, the Supreme Court ruled that settlements by which brand drug companies pay generics to delay entering the market could violate antitrust law. In In the Matter of Impax Laboratories, the Federal Trade Commission (FTC or Commission) offered its first elaboration upon this (...)

The U.S. District Court For The Northern District Of Illinois receives a class action complaint against a pay-for-delay agreement (Abbvie)
Constantine Cannon (Washington)
Plaintiffs Targeting Biologic-Biosimilars Settlements with Pay-for-Delay Antitrust Claims* Antitrust principles that can invalidate certain pay-for-delay settlements will be expanding into the new frontier of biologic and biosimilar drugs if plaintiffs in several new suits are successful. (...)

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)
Desogus Law Office (Cagliari)
By its recent judgment in Magnetic Resonance Imaging Scanners (MRI Scanners) the Italian Council of State uphold on appeal the judgement previously handed down by the Regional Administrative Court of Latium (TAR Latium). The TAR Latium set aside a decision made by the Italian Competition (...)

The Italian Competition Authority provides useful guidance on under what circumstances an incumbent may associate with a competitor in a public tender for blood derivatives (Kedrion / Grifols)
Portolano Cavallo (Milan)
In January 2018 the AGCM launched an investigation for a possible breach of Article 101 TFEU against two international manufacturers of blood-based pharmaceuticals – Kedrion S.p.A (“Kedrion”) and Grifols Italia S.p.A (“Grifols”) – for participating as a joint venture to a public tender (issued by a (...)

The Cyprus Commission for the Protection of Competition clears the biggest shopping mall in Cyprus of allegations of concerted practices and abuse of dominant position (Beautyline / The Mall of Cyprus)
Elias Neocleous (Cyprus)
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Elias Neocleous (Cyprus)
Introduction On the 16th of November 2018, the Cyprus Commission for the Protection of Competition (the “Commission”), delivered a decision concerning a complaint filed by Beautyline Stores CA Papaellinas Limited (“Beautyline”) against the Mall of Cyprus (MC) PLC (“The Mall of Cyprus”), in relation (...)

The Appeal Board of the Federal Antimonopoly Service of Russia dismisses the decision of the Regional office of the Federal Antimonopoly Service of the Sverdlovsk which ordered a leniency applicant to return unlawfully gained income (Krust)
ALRUD (Moscow)
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ALRUD (Moscow)
Unprecedented Russian Law Enforcement: Obligation to Return Unlawfully Gained Income When Using a Leniency Program* The Regional office of the Federal Antimonopoly Service of the Sverdlovsk region has recently issued a decision ordering a leniency applicant to return unlawfully gained income. (...)

The Spanish Competition Authority examines possible price fixing and other vertical restrictions in the animal health products market (Medicamentos Veterinarios)
CMS Albiñana y Suárez de Lezo (Madrid)
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CMS Albiñana y Suárez de Lezo (Madrid)
Background On 16 September 2014, the National Association for Animal Health (“ASEMAZ-ASA”) filed a complaint before the Spanish Competition Authority (“CNMC”) against several companies active in the animal health products market (“the Companies”) for alleged anti-competitive practices in breach of (...)

The French Competition Authority imposes fine on waste disposal company for increasing the prices charged on hospitals and clinics in Corsica (Sanicorse)
Autorité de la concurrence (Paris)
Management of infectious medical waste generated by healthcare activities* The Autorité de la concurrence has fined the company Sanicorse for increasing abruptly, significantly, durably and in an unjustified manner the waste disposal prices it charged hospitals and clinics in Corsica. The (...)

The Turkish Competition Board assesses the resale price maintenance allegations and imposes an administrative monetary fine in the beauty care sector (Henkel)
Erdem & Erdem (Istanbul)
Introduction In its decision numbered 18-33/556-274 and dated 19.09.2018 (“Decision”) the Turkish Competition Board (“Board”) has evaluated the resale price maintenance allegations against Türk Henkel Kimya Sanayi ve Ticaret A.Ş. (“Henkel”). This Decision is of critical importance, since it provides (...)

The Hungarian Competition Authority reduces fines of companies sanctioned for bid-rigging in the radiology IT products market (GE Hungary / Silver Woo)
Hungarian Competition Authority (Budapest)
Substantial reduction of fine thanks to cooperation of the parties* The Hungarian Competition Authority (Gazdasági Versenyhivatal, hereinafter GVH) found that GE Hungary Kft. and Silver Wood – IT Kft. had committed a competition law infringement in the course of purchasing the radiology IT (...)

The Belgian Competition Authority carries out unannounced inspection in the immunoglobulin sector
Belgian Competition Authority (Brussels)
The Belgian Competition Authority confirms the inspection in the immunoglobulin sector* The Investigation and Prosecution Service of the Belgian Competition Authority (BCA) confirms the inspection conducted in Belgium, at the request of the Romanian Competition Council, at the premises of (...)

The Romanian Competition Authority opens an investigation in the immunoglobulin market
Romanian Competition Council (Bucharest)
Competition Council opens investigation in the immunoglobulin market* Simultaneous inspections in Romania, Belgium and Italy The Competition Council has opened an investigation regarding an alleged agreement amongst the following producers of normal human immunoglobulins, owning marketing (...)

The Russian Competition Authority exposes a large cartel of medical products suppliers (RM Endovascula / Raymed Trading Group PVT / Slonika / Exomedic / Vascular / Balticamed / Life Medicine / Inmed)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed a large cartel of medical products suppliers* Moscow OFAS exposed a cartel formed by “RM Endovascular” Ltd., “Raymed Trading Group PVT” Ltd., “SLONIKA” Ltd., “EXOMEDIC” Ltd., “VASCULAR” Ltd., “BALTICAMED” Ltd., “LIFE MEDICINE” Ltd. and “INMED” Ltd. The companies took part in 124 auctions for (...)

The Mexican Federal Economic Competition Commission fines five condom and catheter suppliers for bid rigging in the public health sector after a four-year investigation into the latex industry (Galeno / Adex / Holiday de México / Trenkes / Dentilab)
Ritch Mueller (Mexico City)
On 8 February 2018, Mexico’s Federal Economic Competition Commission’s (COFECE or Commission) fined five condom and catheter suppliers 112 million pesos (approximately €4.91 million) for rigging bids in Mexico’s public health sector. Further statements of objections and decisions regarding bid (...)

The EU Court of Justice holds that colluding to disseminate information constitute a restriction of competition "by object" (Roche / Novartis)
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
On January 23rd, 2018, the ECJ delivered its preliminary ruling on theRoche/Novartis v. Commissioncase (C-179/16), concerning the compatibility of an agreement entered into between Roche and Novartis with Article 101 TFEU. The controversy originated before of the ICA, which on 27 February 2014 (...)

The EU Court of Justice clarifies the application of competition law to the pharmaceutical sector in relation to off-label use of medicine and the dissemination of misleading information about product characteristics (Hoffman-La Roche)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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McDermott Will & Emery (Brussels)
On 23 January 2018, the CJEU rendered its judgment in the case Hoffman-La Roche and Others v AGCM, providing clarification on important aspects of competition law in the pharmaceutical sector. The CJEU rendered its judgment pursuant to a request for a preliminary ruling by the Italian Council (...)

The Russian Competition Authority opens a proceeding against forensic equipment suppliers for cartel (Krim-Market)
Russian Federal Antimonopoly Service (Moscow)
FAS exposed collusion between forensic equipment suppliers* Nine companies are guilty of collusion at auctions organized by the Ministry of Interior and Russian Federal Forensics Centre at the Ministry of Justice On 15 January 2018, the Federal Antimonopoly Service found that “Krim-Market” (...)

The UK Competition Authority fines two laundry companies for market sharing (Micronclean)
British Competition Authority - CMA (London)
£1.71m fine for laundry companies found to be market sharing* The CMA has fined 2 suppliers of ‘cleanroom’ laundry services for breaking competition law by agreeing not to compete for each other’s customers. It follows enforcement action by the Competition and Markets Authority (CMA) against the (...)

The French Competition Authority launches a vast sector-specific inquiry on the functioning of competition in the medicinal products and medical biology sectors
Autorité de la concurrence (Paris)
As part of its advisory powers, the Autorité de la concurrence is launching a vast sector-specific inquiry on the functioning of competition in the medicinal products and medical biology sectors.* In particular it will look at the distribution of pharmaceuticals, their price regulation (...)

The Russian Competition Authority opens a proceeding against a cartel that used auction robots (Egmed)
Russian Federal Antimonopoly Service (Moscow)
Case against a cartel that used auction robots* FAS opened a case upon signs of “digital” collusion at medical auctions FAS suspects that bidders at procurement for supplies of expendables for coronary angiography and stenting, “VALERIA” Ltd. and “Egmed” Ltd. used special software, tuned to (...)

The Lithuanian Competition Council imposes fines on Italian-based supplier of bone regeneration products and its corresponding Lithuanian distributor for engaging in resale price maintenance (Tecnoss Dental / UAB Implamedica)
Lithuanian Competition Authority (Vilnius)
Competition Council fines supplier and Distributor of Bone Regeneration Products for Resale Price Maintenance* The Competition Council found the Italian-based supplier Tecnoss Dental and its Lithuanian distributor UAB Implamedica engaged in fixing minimum resale prices of bone regeneration (...)

The EU Court of Justice Advocate General Saugmandsgaard Øe indicates that providing misleading information aimed at undermining the reputation of one drug to the benefit of another drug might constitute a restriction by object (Hoffmann-La Roche)
Liège University
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Liège University
On 21 September 2017 Advocate General Saugmandsgaard Øe (‘AG’) issued his opinion in F. Hoffmann-La Roche vs Autorità Garante della Concurrenza e del Mercato (AGCM). In his opinion the AG provides guidance to the Court of Justice of the European Union (‘CJEU’) on the various questions raised by the (...)

The US District Court of the Southern District of Ohio grants three pretrial motions and dismisses the entire case with prejudice because of the fail to plea a rule of reason case in the hospital sector (The Medical Center at Elizabeth Place / Premier health)
McDermott Will & Emery (Chicago)
District Judge Walter H. Rice of the Southern District of Ohio granted three pretrial motions brought by the Defendants on the eve of trial in The Medical Center at Elizabeth Place, LLC v. Premier Health Partners, et al., Case No. 3:12-cv-26, 2017 WL 3433131 (S.D. Ohio Aug. 9, 2017), and denied (...)

The Swedish Patent and Market Court of Appeal overturns Stockholm District Court’s decision and finds three healthcare providers not guilty of cartel (Aleris / Capio / Hjärtkärlgruppen)
Mannheimer Swartling (Stockholm)
No Bid-Rigging in Swedish Healthcare Case* At the end of April this year, a Swedish case involving alleged procurement collusion in healthcare markets reached its final conclusion. In a reversal of fortunes for the Swedish Competition Authority (SCA), the Patent and Market Court of Appeal (...)

The Egyptian Competition Authority issues its first bid-rigging cartel decision (Heart and chest surgeries cartel)
Helmy, Hamza & Partners (Baker McKenzie Cairo)
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Queen Mary University (London)
On 7 March 2017, the Egyptian Competition Authority (ECA) issued its first bid-rigging cartel decision. The cartel involved seven of the biggest suppliers in Egypt of heart and chest valves and antioxidants for heart and chest surgeries, and related to public tenders for governmental and (...)

The Italian Competition Authority takes into account the compliance programs of companies in setting up the fines for having implemented anticompetitive agreement in the home ventilotherapy and home oxygentherapy supply services sector (Medicale / Medicair Italia / Medigas Italia / Sapio Life / Vitalaire Italia / Viviso...)
McDermott Will & Emery (Paris)
Compliance Programs – The Italian Competition Authority Highlights the Importance of an Effective Implementation and Update* On 19 January 2017, the Italian Competition Authority (the Authority) issued a decision concerning alleged anticompetitive agreements in the home ventilotherapy and home (...)

The French Competition Authority issues an opinion following its sector inquiry on hearing aids
Autorité de la concurrence (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 US Court of Appeals for the Second Circuit vacates and reverses an antitrust verdict in a historic first case for a Chinese government agency to appear as amicus in US court and inform the court of applicable Chinese law (Chinese vitamin C)
Baker McKenzie (Brussels)
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Baker McKenzie (New York)
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Baker McKenzie (Washington D.C.)
The United States Court of Appeals for the Second Circuit (the Second Circuit) in New York has vacated and reversed a USD 147 million antitrust verdict against a Chinese vitamin C manufacturer and its holding company, ruling that the district court should have granted Defendants’ original motion (...)

The Latvian Competition Council fines medical equipment traders for bid rigging (Optika&Dentika / KJ Serviss)
Konkurences padome (Riga)
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 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 Polish Competition Authority fines a professional association for anticompetitive conduct aimed at the governmental treatment of infertility programme (Association of Medical Centers)
Hansberry Tomkiel (Warsaw)
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 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
Autorité de la concurrence (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)
Konkurences padome (Riga)
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 (...)

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 Greek Supreme Court clarifies its interpretation of the ’association of undertakings’ notion in the application of article 101 TFEU (Greek Dental Bar Associations)
Prentoulis Gerakini Law Partnership (Athens)
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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British Competition 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 U.S. 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 (San Francisco)
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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 Circuit Court of Appeals for the Third Circuit annuls a district court’s order which certified a class of direct purchasers in a price-fixing suit in the blood reagents market (Ortho Clinical Diagnostics)
McDermott Will & Emery (Paris)
On Wednesday, April 8, 2015, the Third Circuit Court of Appeals vacated a district court’s order certifying a class of direct purchasers of blood reagents in a price-fixing suit against Ortho-Clinical Diagnostics Inc. In re Blood Reagents, case number 12-4067. Plaintiffs allege that (...)

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 Bond Dickinson (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)
Bona Law (Detroit)
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 (Brno)
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 (...)

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 (San Francisco)
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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 (...)

U.S. Federal Court Provides Guidance on Treating Joint Ventures as a "Single Entity" for Antitrust Purposes (Premier)
Jones Day (Washington DC)
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Jones Day (Washington DC)
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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 Supreme Court hears oral arguments before interpreting the state action exemption to the antitrust laws (North Carolina Board of Dental Examiners)
Bona Law (Detroit)
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 Hellenic Competition Authority unanimously fines the Association of Dental Technicians of Crete for price-fixing (Association of Dental Technicians)
Ernst & Young (Athens)
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 (Moscow)
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 (Moscow)
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 imposes interim measures on a national 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 files a settlement accepted by a medical association not to engage in boycotts or collective withdrawal of services (IMO)
Irish Competition Authority (Dublin)
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 Irish High Court receives an agreement containing undertakings of a medical association not to engage in anticompetitive behaviour (IMO)
Steve Szentesi Law Corporation (Vancouver)
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 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 (Moscow)
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 District Court of Minnesota dismisses a putative antitrust class action saying the plaintiff’s allegations were barred by the statute of limitation (Graco)
McDermott Will & Emery (Paris)
ANTITRUST CLASS ACTION AGAINST GRACO INC. DISMISSED * On March 11, 2014, Judge Ann Montgomery of the District of Minnesota dismissed a putative antitrust class action against Graco Inc. and its distributors that accused Graco of buying two of its closest competitors in the spray foam equipment (...)

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 finds an agreement in the market for ophthalmic drugs used to treat vascular eyesight diseases to be anticompetitive (Roche / Novartis)
Ashurst (Milan)
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 Competition Authority takes action against a trade association for its alleged participation in price-fixing the fees for a voluntary flu shots service (Yoshikawa Matsubushi Medical Association)
Steve Szentesi Law Corporation (Vancouver)
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 (...)

The US Court of Appeals for the Ninth Circuit upholds a lower court’s judgement dismissing claims of conspiracy to restrain trade and attempted monopolization on the market for prosthetic microprocessor knees (DAW Industries / Hanger Orthopedic)
Sheppard Mullin (San Francisco)
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 a warning pursuant to the removal of a 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 New Zealand Competition Authority issues a warning over a ’no discounting’ clause implemented by a community pharmacies association (DHB / Pharmacy Guild)
Steve Szentesi Law Corporation (Vancouver)
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 Moscow Appeal Court upholds the decision of the Russian Competition Authority having sanctioned tenderers for bid-rigging (Rosta)
Russian Federal Antimonopoly Service (Moscow)
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 (Canberra)
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 Authority reauthorises doctors’ associations to continue to collectively negotiate with state and territory health departments (RDAA)
Australian Competition and Consumer Commission (Canberra)
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 (Canberra)
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 Australian Federal Court establishes that a defendant has been directly knowingly involved in an anticompetitive arrangements and imposes criminal sanctions (Chaste Corporation)
Australian Competition and Consumer Commission (Canberra)
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 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 (Brighton)
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 Competition and Consumer Commission opposes fee arrangements by ophthalmologists
Australian Competition and Consumer Commission (Canberra)
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 imposes fines on several foreign infant milk formula companies for price fixing (Nestlé, Abbott Laboratories)
King & Wood Mallesons (Beijing)
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 Court orders a manufacturer to pay 530,000 Yuan for setting an artificial price floor (Rainbow / Johnson & Johnson)
Morrison & Foerster (Washington)
Manufacturer Loses Landmark Chinese Antitrust Lawsuit* In the first vertical monopoly ruling in favor of a plaintiff in an antitrust case in China, a manufacturer has been ordered to pay 530,000 Yuan (roughly ($86,000) for setting an artificial price floor. In the case, the manufacturer was (...)

The Chinese Shanghai Higher Court renders final judgment in first antitrust private action (Rainbow / Johnson & Johnson)
King & Wood Mallesons (Beijing)
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 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 Irish Competition Authority commences legal proceedings against medical organisation (IMO)
Steve Szentesi Law Corporation (Vancouver)
Trade Associations Face Antitrust Challenges in Medical and Flour Association Cases* Two competition law cases caught my eye this morning in my daily media sweep involving trade associations – one with allegations of price-fixing against German flour mills and the other with a challenge by the (...)

The French Competition Authority carries out an inquiry in the area of prescription medicine distribution in private practices
Autorité de la concurrence (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 US Supreme Court issues first ruling on antitrust legality of reverse-payment drug patent settlements (Actavis)
Rutgers University (New Jersey)
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 US Court of Appeals narrows the state action exemption (North Carolina State Board of Dental Examiners)
Jones Day (Washington DC)
,
Jones Day (Washington DC)
,
Columbia University (New York)
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)
Faculty of Law - University of Macau
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)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
,
Clifford Chance (Washington D.C.)
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 National Competition Authority’s finding that three medical equipment/systems suppliers had engaged in bid rigging (Safdarjung Hospital)
Shardul Amarchand Mangaldas (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 Jiangsu Administration for Industry and Commerce investigates unfair one-sided clauses while monopoly conduct in online shopping becomes a regulatory focus
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
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 the Competition Authority’s 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 (Washington)
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 (San Francisco)
,
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 (Buenos Aires)
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)
Mikroulea, Staikouras & Associates (Athens)
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 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)
Faculty of Law - University of Macau
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 (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 (San Francisco)
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 French Competition Authority issues an opinion on the dental prostheses sector
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité recommends a strengthening of patient-led competition amongst dental surgeons. It also calls for more price transparency from dental surgeons in order that patients are able to benefit from the (...)

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)
Faculty of Law - University of Macau
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 NDRC imposes heavy fines on two pharmaceutical companies for monopoly pricing (Shuntong / Huaxin)
University of Melbourne
,
China Competition Bulletin (Beijing)
,
Institute of American Studies (Beijing)
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 (San Francisco)
,
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 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 EU Court of Justice rules that absolute bans on Internet sales are prohibited (Pierre Fabre Dermo-Cosmetique)
Vogel & Vogel (Paris)
In 2006, the French Competition Council (Conseil de la concurrence) initiated proceedings regarding practices in the cosmetics and personal care products distribution sector after finding that the majority of manufacturers required that sales be carried out only in a physical space and always (...)

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 Italian Competition Authority finds that four health care insurance providers participated in anti-competitive behaviour and imposes a total fine of €13 m (HDI / Gerling / Faro Assicurazioni / Navale Assicurazioni / Primogest)
McDermott Will & Emery (Paris)
HEALTH CARE INSURANCE COMPANIES IN ITALY FINED OVER €13 MILLION FOR ANTI-COMPETITIVE BEHAVIOUR* The Italian Competition Authority has found that four health care insurance providers—HDI-Gerling Industrie Versicherung AG, Faro Compagnia di Assicurazioni e riassicurazioni S.p.a., Navale (...)

The Italian Competition Authority imposes fines totalling € 13 000 000 for collusive behaviour in public procurement in heathcare services (Healthcare liability coverage)
European Commission (Brussels)
Italy: Insurance Companies fined for collusive Behaviour in Public Procurement in Healthcare Services in Campania* On 28 September 2011, the ICA decided to fine three insurance companies and a multifirm insurance agency representing the insurance companies in tendering selections for a (...)

The Italian Competition Authority fines three companies and a multi-firm agent for concerted practices in the healthcare insurance sector (Campanian insurance tenders)
Cleary Gottlieb Steen & Hamilton (Rome)
On September 28th, 2011 the Italian Competition Authority (hereinafter ICA) sanctioned with a total fine of EUR 13.583.515 three insurance companies and a multi-firm agent for concerted practices in the healthcare insurance sector. Object of the proceeding, whose investigation activity started (...)

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) (...)

The US District Court for the Eastern District of Michigan 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 Italian Competition Authority imposes fines totalling €5,5 m on firms producing and selling electro-medical equipment for diagnostic imaging representing 68% of the Italian sales (Alliance Medical / Toshiba Medical / Philips / Siemens)
McDermott Will & Emery (Paris)
ITALIAN COMPETITION AUTHORITY FINES SUPPLIERS OF MAGNETIC RESONANCE EQUIPMENT €5.5 MILLION * On 5 August 2011, the Italian Competition Authority levied fines totalling €5,538,750 on Alliance Medical S.r.l., Toshiba Medical Systems Italia S.r.l., Philips S.p.A. and Siemens S.p.A. Each firm (...)

The Czech Supreme Administrative Court confirms anticompetitive conduct regarding the sale of prescription for medicinal products (Czech Chamber of Pharmacists)
Kinstellar (Prague)
,
Vilímková Dudák & Partners, advokátní kancelář, s.r.o.
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 (...)

The U.S. Court of Appeals in Philadelphia precludes tying claims brought by a 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 EU Court of Justice 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 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)
Faculty of Law - University of Macau
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)
Baker McKenzie (Budapest)
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 Paris 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 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 challenges "most favoured nations" clauses in the healthcare sector by 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 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 / 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 (Abild Dyreklinik)
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 Irish Supreme Court holds that medical council is not an association of undertakings for the purposes of competition law (Ramadan Hemat / Medical Council)
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 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)
Faculty of Law - University of Macau
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 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 / Sistemas Integrales Sanitarios)
DG COMP (Brussels)
,
Cuatrecasas, Gonçalves Pereira (Madrid)
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 Spanish Competition Authority fines € 2 M hospital waste management companies for market-sharing arrangement (Consenur / Cespa / Interlun / 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 Italian Competition Authority accepts commitments submitted by an association of undertakings in order to end a possible violation of Art. 101 TFEU regarding professional fees (Council of psychologists)
Codacons (Rome)
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 / 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 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 (Paris)
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 (Paris)
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)
,
Swedish Competition Authority (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 (...)

The Paris 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 (Düsseldorf)
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 (Düsseldorf)
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 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 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)
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Ginestié Magellan Paley-Vincent (Paris)
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 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 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 / Health Insurance Office of the Sarajevo Canton)
Faculty of Law - University of Macau
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)
Faculty of Law - University of Macau
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 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 the ground of inadequate examination of whether recommended prices were restrictive of competition by their object (NIP / NVVP / LVE)
European Commission - DG HR (Brussels)
,
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 EFTA Court issues landmark ruling concerning exhaustion of trademark rights (L’Oréal / Per Aarskog / Nille / Smart Club)
Van Bael & Bellis (Brussels)
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 German Competition Authority imposes a fine on a pharmaceuticals distributor for having influenced in an anticompetitive way the resale prices for non-prescription pharmaceuticals (Bayer Vital)
Linklaters (Düsseldorf)
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)
Madrona Advogados (São Paulo)
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 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 Authority fines EUR 22.6 M distributors and manufacturer for sharing insulin portfolio (Eli Lilly / A&A Medical / Mediplus Exim / Relad Pharma)
Peli Filip (Bucharest)
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Peli Filip (Bucharest)
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)
Innovate Finance (London)
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 6% of their turnover members of a cartel (Fresenius Medical care, Alsifcom Intermed, Opremi Medfarm)
Peli Filip (Bucharest)
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 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 Office grants immunity in proceedings concerning exclusive supply agreement in the context of a public procurement tender (Olympus)
Baker McKenzie (Budapest)
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 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 (Brussels)
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 French Competition Council condemns practices restricting prices for medical services provided in public hospitals (Anatomic and Cyto Pathology services)
Moskvina Law
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Darrois Villey Maillot Brochier (Paris)
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 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 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)
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 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 adopts a decision fining four ostomy device manufacturers for alleged bid rigging (Gare per la fornitura di dispositivi per stomia)
Ashurst (Brussels)
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Legance - Studio Legale Associato (Rome)
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Alcon (Milan)
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 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)
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Merilampi Attorneys (Helsinki)
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 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 previous 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 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 (Budapest)
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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 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)
DLA Piper (Lisbon)
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Abreu Advogados (Lisbon)
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 (...)

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 (Brussels)
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 Irish Competition Authority begins High Court proceedings against the Irish Medical Organisation (IMO)
Baker Botts (Brussels)
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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 pharma companies for bid rigging for supply to the public health system (Prodotti disinfettanti)
Freshfields Bruckhaus Deringer (Rome)
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Freshfields Bruckhaus Deringer (Rome)
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)
Czech Ministry of Justice (Prague)
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Czech Ministry of Justice (Prague)
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 / HCA)
Jones Day (Washington DC)
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 Law Firm (Ljubljana)
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 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 (...)

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 cannot 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 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 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 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 (...)

Dominance

The California Attorney General announces a $575 million settlement with the largest hospital system in Northern California (Sutter)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
CALIFORNIA ATTORNEY GENERAL ANNOUNCES HISTORIC $575 MILLION SETTLEMENT OF ANTITRUST SUIT AGAINST SUTTER HEALTH * California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (...)

The City Court of Copenhagen imposes a fine to an ambulance service company for abusing of its dominant position by excluding its competitors through the adoption of exclusion strategies (Falck / BIOs)
Danish Competition and Consumer Authority (Copenhagen)
FINE OF DKK 30 MILLION TO FALCK* The City Court of Copenhagen has imposed a fine of DKK 30 million to the ambulance service company Falck Danmark A/S for abuse of dominant position. Falck abused its dominant position by excluding its competitor BIOS from ambulance services in the Region of (...)

The Italian Competition Authority opens an abuse of dominance investigation into orphan drugs pricing (Leadiant Biosciences / Farmaco per la cura della Xantomasi cerebrotendinea)
Desogus Law Office (Cagliari)
On 8 October 2019 the Italian Competition Authority (ICA) has opened an Article 102 TFEU investigation against several pharmaceutical companies belonging to the Leadiant group. The ICA’s attention was drawn by the selling prices applied by the parties to an orphan drug because it feared that (...)

The Turkish Competition Authority finds that a distributor and aftersales service provider of cancer diagnosis and treatment devices abused its dominant position through excessive pricing and refusal to supply (Radontek Medikal / Duzey)
ACTECON (Istanbul)
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ACTECON (Istanbul)
On 1 February 2019, Turkish Competition Authority (“TCA”) published its reasoned decision regarding the full-fledged investigation conducted against Radontek Medikal İthalat İhracat San. ve Tic. Ltd. Şti. (“Radontek Medikal”) upon a complaint submitted to the TCA by Düzey Tıbbi Sistemler Bilgisayar ve (...)

The Danish Competition Council reaches a decision regarding an abuse of dominant position that leads to a huge damages settlement (Falck / BIOS)
Szecskay Attorneys at Law
HUGE DAMAGES SETTLEMENT FOLLOWING LANDMARK ABUSE OF DOMINANCE DECISION On January 30 2019, the Danish Competition Council (the “DCC”) found that ambulance services provider, Falck, had abused its dominant position under Article 102 TFEU. The DCC held that following a failed tender bid to the (...)

The Danish Competition Authority finds that Denmark’s largest provider of ambulances services abused its dominant position by excluding its competitor from the market (Falck / BIOs)
Szecskay Attorneys at Law
A new standard for abusive denigration? Danish NCA condemns covert media campaign* Antitrust enforcers are good at regularly reminding the competition law community that the various forms of abuse of dominance listed in Article 102 TFEU are not exhaustive. Indeed, the idea of what conduct (...)

The Belgian Competition Authority fines a distributor of infrared cabins for resale price maintenance (HM Products Benelux)
Van Bael & Bellis (Brussels)
On 24 January 2019, the Investigation and Prosecution Service of the Belgian Competition Authority (the “BCA”) imposed a € 98,000 fine on HM Products Benelux (“HM”) for engaging in resale price maintenance (“RPM”). HM imports and distributes infrared cabins of the HealthMate brand in the Benelux. The (...)

The US DoJ settles a lawsuit regarding a hospital system anti-steering provisions againts health plans (Charlotte-Mecklenburg Hospital Authority)
Sheppard Mullin (Century City)
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Sheppard Mullin (San Francisco)
U.S. Department of Justice Settles Anti-Steering Suit Against Hospital System; First Such Settlement After Amex SCOTUS Decision* On November 15, 2018, the Antitrust Division of the U.S. Department of Justice settled a two-and-a-half year long lawsuit against Atrium Health, a North Carolina (...)

The US DoJ reaches a settlement with a healthcare system related to provisions in a contract between the health system and commercial insurers (Charlotte Mecklenburg Hospital Authority)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
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McDermott Will & Emery (Chicago)
THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation* The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to (...)

The Indian Competition Authority fines MRI manufacturer for abuse of dominance, with the Chairman dissenting due to different market definition that would conclude no dominance (House of Diagnostics / Esaote Asia Pacific)
Vaish Associates (New Delhi)
CCI imposes penalty on Esaote SPA and its Indian subsidiary for abusing its dominant position in the sale of specialized MRI machines* The CCI vide its order dated September 27, 2018 has imposed a penalty of INR 9.33 lakhs on Esaote S.p.A and its Indian subsidiary, Esaote Asia Pacific (...)

The Indian Competition Authority expands investigation against super specialty hospital in the "aftermarket" for healthcare products and services to their inpatients (Vivek Sharma / Becton Dickinson India / Max Super Specialty Hospital)
Vaish Associates (New Delhi)
CCI orders further investigation by DG in alleged abuse of dominance by Max Super Specialty Hospital* The Commission by way of order dated August 31, 2018 directed the DG to conduct further investigations/analysis with emphasis on the relevant market in a case pertaining to an alleged abuse of (...)

The U.S. District Court of Rhode Island finds that a dominant health insurer’s refusal to negotiate in good faith with a healthcare provider in an attempt to block its market entry can be contrary to the Sherman Act (Steward Health Care System / Blue Cross)
Polsinelli (Washington)
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Polsinelli (Washington)
On April 23, a federal court in Rhode Island fired a warning shot over the bow of dominant health insurers across the country, holding that a refusal to negotiate in good faith with a healthcare provider that focuses population health management in an attempt to block its entry could violate (...)

The Moldovan Supreme Court of Justice quashes a Competition Authority’s decision regarding refusal to supply in the context of public procurement of pharmaceutical products (Esculap-Farm)
Faculty of Law - University of Macau
On 25 October 2017 the Supreme Court of Justice (SCJ) of the Republic of Moldova has quashed the decision issued by the Competition Council (CC) in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public (...)

The Moldovan Supreme Court of Justice upholds the NCA decision concerning refusal to supply in the context of public procurement of pharmaceutical products (Medeferent)
Faculty of Law - University of Macau
On 4 October 2017 the Supreme Court of Justice (SCJ) of the Republic of Moldova has upheld the decision issued by the Competition Council (CC) in a case concerning the refusal to supply pharmaceutical products purchased in the context of public procurement by public hospitals and other public (...)

The US Court of Appeals for the Tenth Circuit affirms a lower Court decision and dismisses the complaint due to difficulties to prove the possessed market power and the adverse effects on competition (Suture Express / Cardinal Health / Owens & Micro)
Mc Dermott Will & Emery (Orange County)
In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision granting summary judgment in favor of defendants Cardinal Health 200, LLC and Owens & Micro Distribution, Inc. The Tenth Circuit held that (...)

The Chinese NDRC fines an healthcare company for price fixing for 4% of its sales revenue on cardiovascular, restorative therapy and diabetes medical device products in China (Medtronic)
University of Melbourne
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Hogan Lovells (Beijing)
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China Competition Bulletin (Beijing)
On 7 December 2016, the NDRC announced that it had investigated and fined Medtronic for engaging in RPM in breach of the AML. The NDRC found that, since 2014, Medtronic had agreed with its distributors to limit the resale, tender, and minimum prices of its cardiovascular, restorative therapy, (...)

The Moldovan Competition Authority prosecutes suppliers of pharmaceutical products for the failure to supply to the public health care institutions (Esculap)
Faculty of Law - University of Macau
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)
British Competition 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 Indian Competition Appellate Tribunal (COMPAT) refers case back to Indian Competition Authority for investigation and clarifies that governmental health office constitutes an "enterprise" under Competition Act (Biswanath Prasad Singh / DGHS Director General of Health Services)
Vaish Associates (New Delhi)
COMPAT directs re-consideration of matter against Director General of Health Services & Others* COMPAT by its order dated March 1, 2016 has set-aside the decision of CCI whereby CCI has refused to order investigation against the Director General Health Services (DGHS) for discriminating (...)

The Indian Competition Authority opens investigation into abuse of dominance by syringe manufacturer and group of hospitals (Vivek Sharma / Becton Dickinson India / Max Super Speciality Hospital)
Vaish Associates (New Delhi)
CCI initiates investigation against Max Super Specialty Hospitals for alleged abuse of dominance* The CCI in its order dated November 17, 2015, has directed the Director General (DG) to conduct an investigation against Max Super Specialty Hospital (“Max”) and M/s Becton Dickinson India (P) Ltd. (...)

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)
University of Melbourne
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China Competition Bulletin (Beijing)
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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 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 Italian Competition Authority initiates an investigation to ascertain an abuse of dominant position in the cancer drugs markets (Aspen)
Bonelli Erede (Rome)
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Bonelli Erede (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 Russian Competition Authority gives its position on a dispute between vaccine producers (GlaxoSmithKline / Pfizer)
Russian Federal Antimonopoly Service (Moscow)
FAS position on a dispute between vaccine producers* The Federal Antimonopoly Service completed surveying product boundaries of the market of pneumococcal vaccines for children aged from 1.5 month to 5 years. The analysis was initiated upon two mutually exclusive petitions from vaccine (...)

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 (Nycosia)
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
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Norton Rose Fulbright (Toronto)
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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 purposes of competition law enforcement (NZOK)
Faculty of Law - University of Macau
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 Cypriot Commission for Protection of Competition imposes administrative fines for providing quantitative discounts according to the volumes of vaccines purchased by doctors and pharmacists (Panayotou / Wyeth Hellas / Phadisco)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
The Commission for the Protection of Competition (CPC) with its decision No. 36/2013 imposed an administrative fine of €206,168 on Phadisco Ltd and an administrative fine of €8,234 to Wyeth Hellas SA (Cyprus Branch), through its successor Pfizer Hellas S.A. (Cyprus Branch), regarding the (...)

The Competition Commission of Cyprus finds that the free administration of a vaccine with every purchase of vaccines constitutes unlawful tying (Panayotou / Wyeth Hellas / Phadisco)
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 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 (...)

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 (...)

The US Court of Appeals For the Seventh Circuit rules that the campaign of a hospital holding 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 (Brussels)
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 US Court of Appeals for the 8th Circuit 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 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)
Faculty of Law - University of Macau
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 U.S. 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 German Federal Competition Authority imposes fine for resale price maintenance in the hearing aids sector (Phonak)
Van Bael & Bellis (Brussels)
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 rejects a complaint on predatory pricing under Section 6 of the Cypriot law for the protection of competition (Akis Ioannou / A. Ioannou Medicare / Forum Optical / Opthalmos Laser Centre / 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 US Court of Appeals for the 9th Circuit applies a cost-based test to attempted monopolization claim premised on multiproduct discounting (Cascade Health Solutions / PeaceHealth)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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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), (...)

The US Court of Appeals for the 9th Circuit 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)
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Haug Partners (New York)
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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 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 (Warsaw)
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 (Paris)
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 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 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)
Sciberras & Lia (Valletta)
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)
Tark Grunte Sutkiene (Riga)
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 Italian National Competition Authority finds pharmaceutical companies guilty of abuse of dominant position and imposes a drug production license (Merck / Glaxo)
Studio Legale DDPV (Rome)
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Studio Legale Merusi Toscano (Rome)
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)
DG COMP (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 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)
British Competition 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 EU 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 (...)

Mergers

The French Competition Authority clears a merger subject to remedies in the hearing aids sector (Audilab / Demant)
French Competition Authority (Paris)
Sale of hearing aids: the Autorité de la concurrence clears the acquisition of Audilab by the Demant group, subject to conditions.* Background After an in-depth examination of the hearing aids sector in its 2016 sector-wide inquiry and having made several recommendations aiming to ensure its (...)

The US FTC confirms the acquisition of a rival lessens competition in the market for microprocessor-driven prosthetic knees (Otto Bock / Freedom)
Cadwalader Wickersham & Taft (New York)
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Cadwalader Wickersham & Taft (Charlotte)
BUYER BEWARE: FTC ORDERS UNWINDING OF A CONSUMMATED TRANSACTION* What happened? On November 6, 2019, the Federal Trade Commission (“FTC”) voted 5-0 to uphold Administrative Law Judge D. Michael Chappell’s initial decision that Otto Bock HealthCare GmbH’s (“Otto Bock”) acquisition of rival Freedom (...)

The French Competition Authority opens an in-depth investigation relating to a merger in the diagnosis and hospital care market (Elsan / HSM)
French Competition Authority (Paris)
In-depth examination into Elsan’s plans to acquire Hexagone Santé Méditerranée* Elsan notified the Autorité de la concurrence of its plans to take exclusive control of Hexagone Santé Méditerranée (HSM). The parties to the transaction are especially active in the diagnosis and hospital care markets in (...)

The Portuguese Competition Authority clears a merger in the hospital market in applying the failing firm defence (HSGL / HPA Group)
Portuguese Competition Authority (Lisbon)
The AdC adopts a clearance decision on the Grupo HPA Saúde / Hospital São Gonçalo de Lagos merger* The AdC (Autoridade da Concorrência – Portuguese Competition Authority) has adopted a clearance decision on the merger concerning the acquisition of sole control of Hospital São Gonçalo de Lagos (...)

The French Competition Authority clears a merger in the markets of cosmetics and perfumes (Colgate Palmolive / Laboratoires Filorga Cosmétiques)
French Competition Authority (Paris)
Cosmetic products* The Autorité de la concurrence clears the acquisition of Laboratoires Filorga Cosmétiques by Colgate Palmolive On 7 August 2019, Colgate-Palmolive notified the Autorité de la concurrence of its plan to take over Laboratoires Filorga Cosmétiques . By a decision issued today, the (...)

The Indian Competition Commission clears merger of health insurer (Apollo Munich / HDFC ERGO)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI cleared the proposed merger of health insurer Apollo Munich Health Insurance Company (Apollo Munich) into HDFC ERGO General Insurance Company (HDFC ERGO). HDFC ERGO is a joint venture between HDFC and ERGO International AG. The CCI found that Apollo Munich and the HDFC Group overlapped (...)

The Competition Commission of India clears joint venture between two healthcare companies after deciding it cannot result in any anticompetitive effects (GlaxoSmithKline / Pfizer)
Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
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Shardul Amarchand Mangaldas (New Delhi)
The CCI cleared the proposal by GlaxoSmithKline and Pfizer to combine their global consumer healthcare businesses into a joint venture. [1] The CCI considered overlaps in three product segments; non-narcotics/anti-pyretics, antacids/anti-flatulents and calcium preparations. In all three (...)

The Spanish Competition Commission clears a merger in the healthcare industry subject to extensive remedies (Quirón Group / Santa Cristina Clinic)
Spanish Competition Authority (Madrid)
The CNMC approves the Quirón Group’s acquisition, with a complete package of commitments, of the Santa Cristina Clinic in Albacete*The merger is approved following intense work in the second phase and a complete package of commitments, which was subjected to successive market tests with its (...)

The Spanish Competition Authority authorizes the acquisition of a private hospital subject to behavioural commitments on the quality of the healthcare services (Clínica Santa Cristina)
Ramón y Cajal (Madrid)
Introduction On 12 April 2019 the Spanish Competition Authority (“CNMC”) authorized after a second phase review the acquisition of a private hospital located in the Spanish province of Albacete (Clínica Santa Cristina) by Quirón Group (the “Merger”), which is ultimately controlled by the global (...)

The Indian Competition Authority approves merger of multinational companies with non-exclusive consignment selling agency arrangement in OTC and oral healthcare markets (Hindustan Unilever / GlaxoSmithKline Consumer Healthcare)
Vaish Associates (New Delhi)
CCI approves amalgamation of GlaxoSmithKline into Hindustan Unilever Limited* The Commission, by way of order dated 23.01.2019, has approved the amalgamation of GlaxoSmithKline Consumer Healthcare Limited (“GSKCH”) into Hindustan Unilever Limited (“HUL”) and subsequently cleared HUL to enter into (...)

The Italian Competition Authority conditionally clears a merger in the optical sector (Luxottica / Barberini)
Desogus Law Office (Cagliari)
Closing a Second Phase investigation in the Luxottica/Barberini case, the Italian Competition Authority (ICA) has conditionally cleared a merger between two major players in the optical industry. After an in-depth review of the transaction, the ICA took the view that the notified merger may (...)

The US DoJ clears a merger between two vertically linked businesses due to sufficient competition in their respective markets subject to divestment of their horizontally overlapping business in the healthcare sector (CVS / Aetna)
Economists Incorporated (San Francisco)
Department of Justice Clears Merger of CVS and Aetna* The Department of Justice (DOJ) recently cleared the merger of CVS Health Corporation (CVS) and Aetna Inc. (Aetna), only requiring divestiture of Aetna’s horizontally overlapping Medicare Part D prescription drug plan business. Aetna is (...)

The US DoJ conditionally approves a merger in the healthcare industry, subject to structural remedies (CVS / Aetna)
International Center for Law & Economics (Portland)
The DOJ’s approval of the CVS/Aetna Merger and vertical innovation by incumbents* Last week, the DOJ cleared the merger of CVS Health and Aetna (conditional on Aetna’s divesting its Medicare Part D business), a merger that, as I previously noted at a House Judiciary hearing, “presents a creative (...)

The Italian Competition Authority opens a second phase enquiry into a merger in the optical sector (Luxottica / Barberini)
Desogus Law Office (Cagliari)
Pursuant to Article 16(4) of the Law no. 287/1990, the Italian Competition Authority (ICA) has decided to open a Second Phase investigation into a merger between two undertakings operating in the optical field where they manufacture, amongst other things, sunglasses and lenses for sunglasses. (...)

The Irish Competition Authority clears a merger subject to remedies in the healthcare sector (SISK Healthcare / Uniphar Public)
Irish Competition Authority (Dublin)
CCPC obtains commitments from Uniphar to secure approval for proposed acquisition of SISK Healthcare* Following an extensive investigation, the Competition and Consumer Protection Commission (CCPC) has today cleared the proposed acquisition of sole control of SISK Healthcare by Uniphar Public (...)

The US FTC conditionally clears the transaction between two neurosurgical companies (Integra / Johnson & Johnson)
McDermott Will & Emery (Washington)
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McDermott Will & Emery (Washington)
What Happened: On February 14, 2017, Integra agreed to purchase Johnson & Johnson’s Codman neurosurgery business (excluding Codman’s neurovascular and drug deliver businesses) for $1.045 billion. Seven months later, on September 25, 2017, the Federal Trade Commission (FTC) agreed to clear the (...)

The French Competition Authority adopts an innovative merger decision in the healthcare institution sector (Elsan / MPP)
Total (Paris)
The French Competition Authority (FCA) has adopted an innovative merger decision in the health care institution sector, assessing not only the effects of the operation on medical services (diagnostic and treatments), but also the effects on non-medical ancillary services. An innovative merge (...)

The US FTC sues to block the proposed physician acquisition group by a health system due to the possibility to create very high market shares (Sanford Health / Mid-Dakota Clinic)
McDermott Will & Emery (Washington)
With its latest lawsuit to block an acquisition of physicians, the Federal Trade Commission (FTC) confirmed last week that monitoring physician consolidation is a priority. The FTC and North Dakota Attorney General sued to block the proposed acquisition by a health system (Sanford Health) of (...)

The Turkish Competition Board rules that the existence of a casting vote should not hinder the acquisition of indirect joint control over a company in the healthcare sector (PSPIB / Partners Group)
ELIG Gürkaynak Attorneys-at-Law
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ELIG Gürkaynak Attorneys-at-Law
“The Turkish Competition Board (“ Board ”) unconditionally approved the transaction concerning the acquisition of joint control over Cerba Healthcare (“ Cerba ”) by Public Sector Pension Investment Board (“ PSPIB ”) and Partners Group AG (“ Partners Group ”). To that end, the Board resolved that a (...)

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 Indian Competition Authority fines merging parties for failure to disclose global acquisition of the healthcase antisepsis business (Schulke / ASP Division of Ethicon)
Vaish Associates (New Delhi)
CCI penalizes Schulke and Mayr GmBH (Schulke) for delayed filing in relation to the acquisition of Healthcare Antisepsis Solutions (HAS) business of Johnson & Johnson Private Limited (JJPL)* CCI, by its order dated January 13, 2017 has imposed a penalty of INR 25,00,000 on Schulke on (...)

The Chinese MOFCOM conditionnaly clears a merger in the vascular closure devices market (Abbott Laboratories / St Jude Medical)
Hogan Lovells (Beijing)
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University of Melbourne
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China Competition Bulletin (Beijing)
On 30 December 2016, Abbott Laboratories’s acquisition of St Jude Medical was conditionally approved by the MOFCOM. On 4 July 2016, Abbott Laboratories submitted its notification to the MOFCOM, which was accepted as complete on 6 September 2016. The authority’s review entered phase 2 on 6 October (...)

The Spanish Competition Authority clears a merger subject to remedies in the healthcare sector (Fresenius Helios / Quironsalud)
Callol, Coca & Asociados (Madrid)
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 fines a merger in medical imaging market for gun jumping (Canon / Toshiba Medical Systems)
University of Melbourne
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University of Melbourne
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Hogan Lovells (Beijing)
On 16 December 2016, the MOFCOM announced that it had fined Canon RMB 300,000 for failure to notify its proposed acquisition of Toshiba Medical Systems in accordance with the AML on time. Its decision was published on 4 January 2017. The proposed acquisition proceeded in 2 stages. In stage 1, (...)

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 US Court of Appeals for the Seventh Circuit overturns a district court decision which denies a motion by the FTC to enjoin the proposed merger in a hospital merger case (FTC / Advocate Health Network)
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Washington)
On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This decision follows closely on the heels of the FTC’s victory earlier this year (...)

The Indian Competition Authority approves an internal restructuring of healthcare conglomerate’s three companies into two companies with clearer business verticals (Fortis Healthcare / Fortis Malar Hospital / SRL)
Vaish Associates (New Delhi)
CCI approves international organization within the Fortis Group* CCI vide its order dated October 14, 2016, has given the approval to the internal re-organization of the hospitals and diagnostics business of Fortis Group into separate verticals. Prior the proposed combination, the healthcare (...)

The UK Competition Authority opens an in-depth inquiry concerning a merger on the mental healthcare services market (Acadia / Priory)
British Competition 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-NOTHSHORE 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 German Competition Authority launches a sectoral inquiry into hospitals to examine and analyse competitive conditions in the sector
German Competition Authority (Bonn)
SECTOR INQUIRY INTO HOSPITALS* The Bundeskartellamt has launched a sector inquiry into the hospital service to examine and analyse competitive conditions in the sector. In the light of increasing consolidation the authority frequently has to deal with planned mergers between different hospital (...)

The EU Commission clears a merger, subject to remedies, in the market of consumable dental products for professional dental (Dentsply / Sirona)
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 / Fannin)
European Investment Bank (Luxembourg)
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 Irish Competition and Consumer Protection Commission clears the first otherwise anticompetitive merger using the failing firm defence (Baxter / Fannin)
Economic & Social Research Institute
Introduction 1 On 21 October 2015 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Baxter Healthcare Limited (Baxter) of Fannin Compounding Limited (Fannin), a business division of Fannin Limited which was, in turn, a subsidiary (...)

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)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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 Federal Trade Commission’s bid to enjoin a company from acquiring its alleged potential competitor (Steris / Synergy)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
,
Skadden, Arps, Slate, Meagher & Flom (New York)
,
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 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 Indian Competition Authority approves a joint venture between a global consumer healthcare conglomerate and a global technology conglomerate (JJDC Johnson and Johnson Innovation / Ethicon / Google)
Vaish Associates (New Delhi)
CCI approves the joint venture between Google and Johnson and Johnson for the research and development in respect of the robotic system for surgical intervention* CCI by its order dated July 10, 2015 approved the proposed combination for creation of a JV between Google and Johnson and Johnson (...)

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 (Singapore)
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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 (San Francisco)
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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 U.S. 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 of Massachusetts / Partners Healthcare System)
Constantine Cannon (New York)
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New York State Governor Cuomo for Health
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 Competition Authority 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)
Shearman & Sterling (Brussels)
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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 German Federal Cartel Office prohibits hospital merger (Klinikum Esslingen / Kreiskliniken Esslingen)
Van Bael & Bellis (Brussels)
According to a press release issued on 15 May 2014, the German Federal Cartel Office (FCO) prohibited a proposed merger on the market for acute hospitals in the districts of Esslingen and Kirchheim/Nürtingen. Consistent with past decisions, the FCO examined the effects of the merger on narrow (...)

The US Court of Appeals for the Sixth Circuit strikes down Ohio hospital merger as anticompetitive (ProMedica)
Norton Rose Fulbright (Washigton)
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Norton Rose Fulbright (Austin)
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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 DC)
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Skadden, Arps, Slate, Meagher & Flom (New York)
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Clifford Chance (Washington D.C.)
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 (Canberra)
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 US District Court for the District of Idaho orders to unwind a hospital group merger (St. Luke’s Health System / Saltzer Medical)
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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 (...)

The US District Court for the District of Idaho orders the largest care system 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 (Canberra)
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 a proposed acquisition in life science sector (Thermo Fisher Scientific / Life Technologies)
Australian Competition and Consumer Commission (Canberra)
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 require only minor behavioral remedies and no structural remedies in a hospital merger case highly unusual due to state laws applicable to hospitals (Phoebe Putney Health System)
Jones Day (Washington DC)
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Sheppard Mullin (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 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 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 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 merger between medical clinics (Main-Taunus)
German Competition Authority (Bonn)
Bundeskartellamt clears hospital merger in the Main-Taunus district in spite of high market shares* In main examination proceedings the Bundeskartellamt has cleared plans to merge the Main-Taunus district clinics (Kliniken des Main-Taunus-Kreises) and the Frankfurt Höchst clinical centre (...)

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 / Phoebe Putney)
Jones Day (Washington DC)
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Jones Day (Washington DC)
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 Indian Competition Authority provides guidance on treatment of non-compete clause/ obligations in commercial agreements (Hospira Healthcare India / Orchid Chemicals and Pharmaceuticals)
Vaish Associates (New Delhi)
Combinations: CCI provides guidance on treatment of non-compete clause/ obligations in commercial agreements* Facts of the Case Recently, CCI has approved a proposed sale by Orchid Chemicals and Pharmaceuticals Ltd (“OCPL”) of its certain assets to Hospira Healthcare. Under the deal, OCPL has (...)

The German Competition Authority clears merger in the healthcare industry despite presumed market dominance and a presumed oligopoly, and applies a rather detailed economic analysis, in relation to the SIEC and the old dominance test (Fresenius Kabi / Fenwal)
Jones Day (Brussels)
The Bundeskartellamt cleared the merger between Fresenius Kabi and Fenwal following its Phase II investigation. The merger concerned the healthcare sector and, in particular, the market for blood transfusion technology and the manufacture of products used in blood collection, filtration and (...)

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 (San Francisco)
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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 (Bristol)
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 Authority prohibits a completed merger in the healthcare waste services industry requiring the divestment of the acquired business (Stericycle / Ecowaste Southwest)
St John’s Chambers (Bristol)
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 Romanian Competition Authority clears a healthcare merger subject to structural divestitures and behavioural commitments (Fresenius / Renamed)
Faculty of Law - University of Macau
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 US Federal Court of Appeals for the 7th Circuit issues a decision in the 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 US FTC sues to undo completed acquisition in the healthcare industry approved by the Bankruptcy Court (LabCorp / Westcliff)
Jones Day (Washington DC)
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Jones Day (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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 DC)
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Jones Day (Washington DC)
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Skadden, Arps, Slate, Meagher & Flom (Washington DC)
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 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 DC)
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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 China’s State Council approves the merger between the largest pharmaceutical and healthcare group under the State-Assets Supervision and Administration Commission and a centrally-administered state-owned enterprise (CNSC / Sinopharm)
University of Melbourne
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China Competition Bulletin (Beijing)
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Institute of American Studies (Beijing)
The China National Service Corporation for Chinese Personnel Working Abroad (CNSC, 中 国出国人员服务总公司), a centrally-administered state-owned enterprise, has merged with the China National Pharmaceutical Group Corporation (Sinopharm, 国药集团). The State Council approved the merger. Sinopharm is the largest (...)

The US District Court for the District of Minnesota dismisses the US FTC complaint seeking divestiture and disgorgement remedy in consummated acquisition in the healthcare industry (Lundbeck)
Jones Day (Washington DC)
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Jones Day (Washington DC)
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Jones Day (Washington DC)
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 (...)</