Healthcare

General antitrust

The Italian Government approves a draft law on competition which includes a package of measures to improve distribution and speed up the marketing of new drugs, in addition to new provisions concerning healthcare facilities
Portolano Cavallo (Milan)
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Portolano Cavallo (Rome)
On November 5, 2021, the Council of Ministers approved the draft law on competition (the “Competition Bill”). The Competition Bill is now under review by Parliament, which will discuss the draft in the coming weeks. The Competition Bill includes a package of measures to improve distribution and (...)

The EU Commission launches a public consultation on the reform of pharmaceutical legislation
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 28 September 2021, the European Commission (the Commission) launched a public consultation that probes for stakeholders’ views on the reform of the pharmaceutical regulatory framework. The consultation will run until 21 December 2021 and marks a new milestone in a long-running debate (...)

The German Competition Authority publishes the final report on its sector inquiry into hospitals
German Competition Authority (Bonn)
Final report on the sector inquiry into hospitals: Merger control guarantees competition and quality* Today the Bundeskartellamt has published the final report on its sector inquiry into German hospitals. The outcome of the inquiry confirms the important role played by competition in ensuring (...)

The US Congress signs a legislation aimed at reducing prescription drug prices by supporting generic and biosimilar alternatives to branded drugs
White & Case (New York)
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White & Case (Boston)
On April 23, 2021, President Biden signed into law two bipartisan bills aimed at reducing prescription drug prices by supporting generic and biosimilar alternatives to branded drugs. The Ensuring Innovation Act supports generic drugs by clarifying the technical qualifications for earning (...)

The EU Commission issues a second competition comfort letter in support of pharmaceutical cooperation to combat the COVID-19 pandemic Free
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On Monday 29 March 2021, the European Commission’s Directorate General for Competition (the Commission) published its second “new style” comfort letter. It was addressed to the organisers of an online “matchmaking event” that runs on 29 and 31 March 2021 and brings together more than 300 parties (...)

The Italian Competition Authority issues its 2021 recommendations to the government
Luiss Guido Carli University (Rome)
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Bird & Bird (Rome)
Alongside its enforcement powers, the Italian Competition Authority (the “Authority”) also has a legislative advisory role where it issues proposals to the Italian Government, in view of the annual competition law. The Authority’s 2021 recommendations, issued on 23 March mostly relate to areas in (...)

The Italian Competition Authority proposes pro-competitive legislative changes to the government
Bocconi University (Milan)
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Hogan Lovells (Milan)
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K&L Gates (Milan)
The document provides a summary of the proposal for pro-competitive legislative changes submitted by the Italian Competition Authority to the Italian Government on 23 March 2021. The Italian Competition Authority identifies eight trajectories of possible reform: 1. Measures to encourage and (...)

The Italian Competition Authority proposes an extensive competition law reform
Van Bael & Bellis (Brussels)
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Hogan Lovells (Brussels)
On 23 March 2021, the Italian Competition Authority (“ICA”) submitted to the Italian Government a set of proposals to modify the Italian Competition Act (the “Proposal”). The Proposal concerns a wide range of areas, including the digital sector, certain network industries (e.g., port services and (...)

The EU Commission releases guidance to help contracting authorities fight collusion in public procurement
Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
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Portolano Cavallo (Milan)
The European Commission has released new guidance for European contracting authorities on how to use EU law to address suspected cases of collusion in public procurement (the “Notice”). The Notice, published on March 13, 2021, provides Member States with a set of tools to fight collusion in (...)

The Canadian Competition Authority seeks input on Canadians’ experiences accessing and using digital health services
Canadian Competition Bureau (Gatineau)
Competition Bureau seeking input on Canadians’ experiences accessing and using digital health services* Today, the Competition Bureau launched a short online survey to learn about Canadians’ experiences accessing and using digital health care services. By filling out this short 5-minute online (...)

The Russian Competition Authority agrees on prices of producers for two scarce cancer medicines
Russian Federal Antimonopoly Service (Moscow)
FAS Russia has agreed on prices of producers for two scarce cancer medicines* The Decree of the Government of the Russian Federation No 1771 approves the procedure for setting economically reasonable prices for medicines that are in short supply due to low registration prices “The purpose of (...)

The UK Competition Authority consults on its annual plan for 2021 and 2022
United Kingdom’s Competition Authority (CMA) (London)
The CMA is consulting on its Annual Plan for 2021/22.* The Competition and Markets Authority (CMA) has outlined the key areas on which it expects to focus in the coming year, including its ongoing commitment to protect UK consumers during the unprecedented circumstances of the coronavirus (...)

The Portuguese Competition Authority identifies barriers to the opening of facilities in the hemodialysis care provision sector
Portuguese Competition Authority (Lisbon)
The AdC identifies barriers to the opening of new facilities and proposes recommendations aimed at promoting the well-being of chronic disease patients* The Portuguese Competition Authority – Autoridade da Concorrência (AdC) has undertaken an analysis on the hemodialysis care provision sector in (...)

The Dutch Competition Authority launches a market study into information systems and information exchange in the hospital sector
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM launches market study into information systems and information exchange in the hospital sector* The Netherlands Authority for Consumers and Markets (ACM) wishes to gain more insight into the functioning of the markets for hospital information systems, and into the digital exchange of (...)

The Canadian Competition Authority invites public comments for its market study of the digital health sector
Canadian Competition Bureau (Gatineau)
Canada’s health care sector: have a say on how to support innovation and choice* The Competition Bureau is inviting Canadians to share their views on factors that may be impeding access to digital health care, or limiting innovation and choice in Canada’s health care sector. This feedback will (...)

The Italian Competition Authority criticizes the introduction of legislative provisions that reserve only to pharmacies the provision of certain public health services paid by the national health service
Portolano Cavallo (Milan)
The Italian Competition Authority once again criticizes the introduction of legislative provisions that reserve only to pharmacies the provision of certain public health services paid by the NHS The Italian Competition Authority (AGCM or ICA) with letter dated 10 March 2020 sent to the (...)

The US Congress implements a law requiring drug manufacturers to disclose biologic patent settlement agreements to antitrust Authorities
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Washington)
New Law Requires Disclosure of Biologic Patent Settlement Agreements to Antitrust Authorities* Last week, the Patient Right to Know Drug Prices Act ("Act") became law. The Act requires pharmaceutical companies to disclose to antitrust agencies agreements between biologic and biosimilar (...)

The French Competition Authority issues an unfavorable opinion concerning draft orders for online sales of medicinal products
French Competition Authority (Paris)
The Autorité de la concurrence issues an unfavourable opinion to the government.* The envisaged "good practice" create a discriminatory system in comparison with the conditions required for over-the-counter sales, removing all interest in the sale medicinal products on the Internet, both for (...)

Healthcare and competition law: An overview of EU and national case law
Aldwych Partners (London)
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Aldwych Partners (London)
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 (...)

Anticompetitive practices

The US FTC approves a final order requiring a State dental licensing agency to stop unreasonably excluding lower-cost online and teledentistry providers from competing (Alabama Board of Dental Examiners)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Requiring Alabama Board of Dental Examiners to Stop Unreasonably Excluding Lower Cost Online and Teledentistry Providers from Competing* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the Alabama Board (...)

The US District Court for the Eastern District of Texas rejects a motion to dismiss a per se Sherman Act violation by former executives at a staffing company for wage fixing in the market for physical therapists and assistants (Neeraj Jindal / John Rodgers)
Robert Connolly Law (Palm Springs)
District Court Finds Antitrust Division’s First Wage Fixing Indictment Alleges a Per Se Violation* On November 29, 2021 in U.S. v. Neeraj Jindal and John Rodgers, Civil Action No. 4:20-CR-00358A (N.D. Texas), District Court Judge Amos L. Mazzant rejected defendants’ motion to dismiss the (...)

The US FTC reaches proposed settlement with a State dental licensing agency regarding charges that it unreasonably excluded lower-cost online and teledentistry providers (Alabama Board of Dental Examiners)
US Federal Trade Commission (FTC) (Washington)
Alabama Board of Dental Examiners Agrees to Settle FTC Charges that It Unreasonably Excluded Lower Cost Online and Teledentistry Providers from Competition* To settle FTC charges that its actions violated the antitrust laws, the Board of Dental Examiners of Alabama has agreed to stop requiring (...)

The Australian Competition Authority grants interim authorization to medicine wholesalers to continue to cooperate in providing fair and efficient access to essential medication and pharmacy products as the COVID-19 pandemic continues Free
Australian Competition and Consumer Commission (Canberra)
Medicine wholesalers to continue to co-operate on COVID-19 response* The ACCC has granted interim authorization to medicine wholesalers to continue to co-operate in providing fair and efficient access to essential medication and pharmacy products as the COVID-19 pandemic continues. The new (...)

The Russian Competition Authority reveals a cartel in the medical products sector (MEDSPB / Optomed / Prime)
Russian Federal Antimonopoly Service (Moscow)
Ingush regional office of the FAS Russia revealed the largest cartel at the auction of medical products* The actions of the participants in the collusion, which covered about 7 thousand auctions worth about 9 billion rubles, were coordinated by the manufacturer of medical devices MPK Yelets (...)

The Ninth Arbitration Appeal Court of Moscow upholds the Russian Competition Authority’s decision finding six companies guilty of engaging in cartel activity through the setting and maintenance of high prices (Trives Trade / MedExpert / Optomed / Maltri / Orto)
Russian Federal Antimonopoly Service (Moscow)
Appeal supported FAS in the case of orthopedic products cartel* Six companies set recommended prices and sanctions for non-compliance with them in order to maintain the highest possible cost of products sold. The authority imposed fines on companies in the amount of more than 31 million rubles (...)

The UK Competition Authority imposes fines of £260 million on hydrocortisone suppliers for charging excessive and unfair prices and for paying potential rivals to remain out of the market (Auden Mckenzie / Actavis)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 15 July 2021, the CMA imposed fines of more than £260 million on the hydrocortisone tablet suppliers, Auden Mckenzie and Actavis (now named Accord-UK), for charging excessive and unfair prices and for paying potential rivals to remain out of the market (see CMA Press Release). CMA Chief (...)

The UK Competition Authority imposes fines totalling £260 million on two drug companies for overcharging the National Health Service (Auden Mckenzie / Actavis)
United Kingdom’s Competition Authority (CMA) (London)
CMA finds drug companies overcharged NHS* The CMA has imposed fines totalling over £260 million for competition law breaches in relation to the supply of hydrocortisone tablets. Prices of life-saving hydrocortisone tablets rose by over 10,000%. Pharma firms bought off potential rivals to avoid (...)

The US DoJ indicts a kidney dialysis services provider and its CEO in an ongoing investigation of labor market collusion in the health care industry (DaVita)
US Department of Justice (Washington DC)
DaVita Inc. and Former CEO Indicted in Ongoing Investigation of Labor Market Collusion in Health Care Industry* A federal grand jury in Denver returned a two-count indictment charging DaVita Inc. and its former CEO, Kent Thiry, for conspiring with competing employers not to solicit certain (...)

The Australian Federal Court acquits a CEO and former employee of a national healthcare facility accused of participating in cartel activities (Country Care)
Australian Competition and Consumer Commission (Canberra)
Country Care, CEO and former employee acquitted of criminal cartel offences* A jury in the Federal Court today acquitted rehabilitation aids company The Country Care Group Pty Ltd, its CEO Robert Hogan and a former employee Cameron Harrison of eight criminal cartel offences. The charges (...)

The Portuguese Competition Authority sanctions a medical devices company for restricting distributor sales (Natus)
Portuguese Competition Authority (Lisbon)
AdC sanctions medical devices company for restricting distributors sales* The AdC’s decision The AdC sanctioned Natus Medical Incorporated (Natus) for restricting competition in the distribution of essential medical devices in the Portuguese market. The investigation, opened by the AdC in (...)

The US DoJ charges two clinical directors with fixing wages for healthcare workers and obstructing the FTC’s investigation (Neeraj Jindal / John Rodgers)
US Department of Justice (Washington DC)
Second Individual Charged with Fixing Wages for Health Care Workers and Obstructing FTC Investigation* A federal grand jury in the Eastern District of Texas returned a superseding indictment charging two Texas men with conspiring to fix prices by lowering rates paid to certain health care (...)

The Austrian Competition Authority accepts commitments and closes its pharmaceutical pricing investigation on the sale of a brain tumor treatment (Merck Sharp / Dohme)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 2 April 2021, the Austrian competition authority accepted commitments and closed its case concerning pricing strategies alleged to unlawfully hinder entry by generic competitors. According to the authority’s press release, the investigated pricing strategy concerned the product Temodal (...)

The US DoJ indicts a health care staffing company for collusion to suppress wages of school nurses (VDA OC)
US Department of Justice (Washington DC)
Health Care Staffing Company and Executive Indicted for Colluding to Suppress Wages of School Nurses* Alleged allocation and wage-fixing scheme targeted nurses staffed at the Clark County School District who were serving medically fragile students. A federal grand jury in Las Vegas, Nevada, (...)

The Brazilian Competition Authority starts its first investigation involving the labor market in the healthcare industry
Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
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Caminati Bueno Advogados (São Paulo)
On March 17, 2021, CADE released a public order disclosing it is investigating potential anticompetitive practices performed into the labor market in Brazil , mirroring a worldwide trend that is already a strong policy in some seasoned jurisdictions. The proceeding at a glimpse As public (...)

The Romanian Competition Authority carries out an investigation in the medical waste market
Romanian Competition Council (Bucharest)
The Competition Council carries out an investigation on medical waste market* The Competition Council carries out an investigation into a possible anti-competitive behavior of some undertakings operating in the market of medical waste treatment and disposal services in Romania. The (...)

The Munich Regional Court bans the preferential display within a search engine of information exclusively drawn from a state-run health portal (Google / German Ministry of Health)
Technical University of Applied Sciences Wildau
On February 10th, 2021, the antitrust chamber of the German Regional Court of Munich granted two summary judgments in favor of the health portal NetDoktor, banning the preferential display within Google search results pages of boxes with information exclusively drawn from a state-run health (...)

The Munich Regional Court grants an injunction regarding internet search cooperation between the Government and a Big Tech company as it constitutes a restriction on competition (Google / German Ministry of Health)
Herbert Smith Freehills (Düsseldorf)
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Herbert Smith Freehills (Düsseldorf)
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Herbert Smith Freehills (Brussels)
The Munich Regional Court has granted an injunction based on Article 101 TFEU against an arrangement between Google and the German Ministry of Health . The Ministry operates a national online platform (“Gesund.bund.de”) providing information on health, including a short description of common (...)

The Munich Regional Court issues two preliminary injunctions regarding a cooperation agreement that has the effect of restricting competition on the market for health portals (Google / German Ministry of Health)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 20 January 2021, the Regional Court of Munich I (the “Court”) issued two preliminary injunctions against Google Ireland Ltd. (“Google”) and the Federal Republic of Germany, represented by the German Federal Ministry of Health (“the Ministry”), at the request of health platform NetDoktor.de (...)

The Kenyan Competition Authority publishes draft guidelines for competitor collaborations during the COVID-19 pandemic Free
Primerio (Washington)
Antitrust enforcer to allow self-assessment of competitor collaborations amidst pandemic* Following the (thus far rarely used) “Block Exemption” procedure under Section 30 (2) of the Kenyan Competition Act, the Competition Authority of Kenya (“CAK”) has proposed a new set of draft Guidelines as to (...)

The UK Competition Authority warns firms over price-fixing of supplies to disabled students
United Kingdom’s Competition Authority (CMA) (London)
CMA warns firms over price-fixing of supplies to disabled students* The CMA has cautioned companies supplying goods and services to disabled university students, following concerns that there may have been price-fixing. The Competition and Markets Authority (CMA) has sent advisory letters to (...)

The US District Court for the Northern District of Texas indicts a health care company for labor market collusion (Surgical Care Affiliate)
US Department of Justice (Washington DC)
Health Care Company Indicted for Labor Market Collusion* A federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity (collectively SCA), which own and operate outpatient medical care centers across the country, for agreeing with competitors (...)

The US DoJ indicts a health care company for colluding in the labor market (Surgical Care Affiliates)
US Department of Justice (Washington DC)
Health Care Company Indicted for Labor Market Collusion* A federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity (collectively SCA), which own and operate outpatient medical care centers across the country, for agreeing with competitors (...)

The US DoJ indicts the owner of a therapist staffing company on wage-fixing charges (Neeraj Jindal)
Latham & Watkins (San Francisco)
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Morgan Lewis (Silicon Valley)
A federal grand jury in Texas indicted the owner of a therapist staffing company on wage-fixing charges on December 9. Although this is the US Department of Justice’s first criminal wage-fixing prosecution, the indictment underscores that enforcement agencies remain focused on policing these (...)

The US DoJ brings criminal charges for wage-fixing on therapist staffing companies (Neeraj Jindal)
Jones Day (Washington)
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Jones Day (San Francisco)
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Jones Day (Houston)
The Department of Justice Antitrust Division ("DOJ") has indicted a Texas businessman for conspiring with competitors to fix employee wages in violation of the Sherman Act. This action challenges particularly blatant conduct, but is consistent with recent attention to antitrust in employment (...)

The US DoJ remains committed to prosecuting collusion in labour markets to reduce employee wages (Neeraj Jindal)
Covington & Burling (Washington DC)
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Covington & Burling (Washington DC)
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Covington & Burling (Washington DC)
On December 10th, the Antitrust Division of the U.S. Department of Justice announced its first criminal indictment targeting an alleged conspiracy to reduce employee wages. The DOJ charged the former owner of a therapist staffing company with conspiring to reduce pay rates for healthcare worker (...)

The Japanese FTC brings criminal accusations over bid-rigging against four wholesalers in the pharmaceutical sector (Alfresa / Mediceo / Suzuken / Toho)
White & Case (Tokyo)
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White & Case (Tokyo)
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White & Case (Tokyo)
On December 9, 2020, the Japan Fair Trade Commission (“JFTC”) brought criminal accusations with regard to bid-rigging involving pharmaceutical products ordered by the Japan Community Healthcare Organization (“JCHO”). Three pharmaceutical wholesalers and seven individuals were indicted. According (...)

The US DoJ indicts a former owner of healthcare staffing company for wage-fixing (Neeraj Jindal)
US Department of Justice (Washington DC)
Former Owner of Health Care Staffing Company Indicted for Wage Fixing* Antitrust Division Remains Committed to Prosecuting Collusion in Labor Markets A federal grand jury returned an indictment charging Neeraj Jindal, the former owner of a therapist staffing company, for participating in a (...)

The US District Court for the District of Delaware contradicts the Supreme Court precedent regarding patent settlements in the pharmaceutical sector (Chimicles Schwartz Kriner / Donaldson-Smith / Amgen / Teva / Watson / Actavis)
White & Case (New York)
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White & Case (Washington)
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White & Case (Washington)
A Nov. 30 decision by the U.S. District Court for the District of Delaware, In re: Sensipar Antitrust Litigation, contradicts controlling U.S. Supreme Court precedent and, if followed, could have significant implications for patent settlements well outside the pharmaceutical context in which it (...)

The French Competition Authority sanctions councils and trade union federations of dental surgeons for a collective boycott (National Council of the College of Dental Surgeons / National Confederation of Dental Trade Unions)
Addleshaw Goddard
On 12 November 2020, the French competition authority (the "FCA") fined the National Council of the College of Dental Surgeons (the "National Council"), five departmental councils of the College and two trade unions for collectively boycotting dental care networks. WHAT YOU NEED TO KNOW - KEY (...)

The French Competition Authority fines 6 councils and 2 trade union federations of dental surgeons for a boycott (National Council of the College of Dental Surgeons / National Confederation of Dental Trade Unions)
French Competition Authority (Paris)
Dental care networks: the National Council and five departmental councils of the College of Dental Surgeons and two trade union federations fined for boycott* The Autorité de la concurrence hands out fines worth €4 million to the National Council and five departmental councils of the College of (...)

The Spanish Competition Authority opens an investigation into possible price-fixing of sunscreen products (ISDIN)
Spanish Competition Authority (CNMC) (Madrid)
The CNMC opens a formal investigation into possible anticompetitive practices of ISDIN, S.A* The potential illegal conduct allegedly consists of fixing resale prices online, at least for sunscreen products. Currently, the CNMC assesses potential competition restrictions imposed by producers (...)

The Russian Competition Authority forcibly returns the equivalent of €14 million into the state budget from former Mayor of Vladivostok, his family, and affiliated companies found guilty of collusion in the auctions for construction materials and supply of medicines (Igor Pushkaryov / MUE Roads of Vladivostok)
Russian Federal Antimonopoly Service (Moscow)
More Than 2.3 Billion Rubles of Illegal Income Was Returned to the State Budget* The funds were obtained as a result of collusions at auctions for the purchase of construction materials (1.4 billion rubles) and the supply of medicines and medical devices (900 million rubles) On October 20, (...)

The Russian Ninth Arbitration Court of Appeal upholds the Competition Authority’s decision against companies in the "cartel under hypnosis" in the healthcare sector (Aksonmed / Satori / Intermed / Divais / Lotos / Equipmed)
Russian Federal Antimonopoly Service (Moscow)
Appeal Supported the Position of the FAS Russia in the "Cartel Under Hypnosis" Case* The Ninth Arbitration Court of Appeal upheld the decision of the antimonopoly authority against companies that have been implementing an anti-competitive agreement in the healthcare sector for more than three (...)

The Dutch Competition Authority allows health insurers to distribute the additional costs of effects of the COVID-19 pandemic among each other Free
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Dutch health insurers may distribute the additional costs of effects of the coronavirus crisis among each other* This year, Dutch health insurers may distribute the additional costs of the effects of the coronavirus (COVID-19) crisis among themselves. The Netherlands Authority for Consumers (...)

The Russian Republic of Khakassia’s Abakan City Court convicts members of a medical equipment cartel, sentencing them to prison for up to 16 years (Administration of Head of Republic of Khakassia)
Russian Federal Antimonopoly Service (Moscow)
Andrey Tenishev: Cartel Members Convicted in the Republic of Khakassia* Court imposed imprisonment up to 16 years to participants of anticompetitive agreements for theft and bribes It should be reminded that in 2018 the FAS Russia recognized a number of companies violated the Law on (...)

The Hellenic Competition Authority finds two companies guilty of an anticompetitive vertical agreement for prohibiting parallel imports in the market for artificial kidney machines (Gambro Lundia / Medical Products)
Hellenic Competition Commission (Athens)
Decision regarding the complaints of the company SERKO LTD* Subject: Decision of the Hellenic Competition Commission regarding the complaints of the company "SERKO LTD SCIENTIFIC - ELECTRONIC MACHINERY (Imports - Representations - Service)" concerning alleged infringements of articles 1 and 2 (...)

The Finnish Competition Authority finds that the arrangement of social welfare and health care services in Savitaipale municipality violated the laws on public procurement (Eksote / Kiinteistö Oy Savitapaleeen Vuokratalot)
Finnish Competition and Consumer Authority (Helsinki)
FCCA finds that the arrangement of social welfare and health care services in Savitaipale violated the Act on Public Procurement* According to a decision issued by the Finnish Competition and Consumer Authority (FCCA) on 7 October 2020, the Joint Municipal Authority of Social Welfare and (...)

The Bulgarian Competition Authority addresses allegations for participation in an agreement for fixing the resale price of child care and mother care products (Smart SM)
Bulgarian Commission for the Protection of Competition (Sofia)
CPC has addressed allegations for committed infringement of Art. 15, par. 1 of the LPC to Smart SM OOD* By Statement No. 732/17.09.2020 delivered under case No. КЗК-359/2018 on the grounds of art. 74, par. 1, item 3 of the LPC, the CPC has addressed allegations for committed infringement of Art. (...)

The US District Court for the Middle District of Florida indicts a former cancer center president for participation in a long-running antitrust conspiracy (Dr. William Harwin)
US Department of Justice (Washington DC)
Former Cancer Center President Indicted For Participation In Long-Running Antitrust Conspiracy* A federal grand jury returned an indictment against Dr. William Harwin, founder and former President of Florida Cancer Specialists & Research Institute LLC (FCS), for conspiring to allocate (...)

The Finnish Competition Authority proposes a fine of €40,000 on the federation of municipalities in social and health services in the region of Kymenlaakso for unlawful direct procurement of ophthalmology services (Kymsote)
Finnish Competition and Consumer Authority (Helsinki)
FCCA proposes a penalty payment to Kymsote for the unlawful direct procurement of ophthalmology services* On 24 September 2020, the Finnish Competition and Consumer Authority (FCCA) submitted a proposal to the Market Court to impose a penalty payment of 40,000 euros on the federation of (...)

The Hellenic Competition Authority launches an investigation on health and hospital equipment during the COVID-19 pandemic Free
Hellenic Competition Commission (Athens)
The interim results of HCC’s investigations on health and hospital equipment during covid-19 pandemic* Subject: Investigation by the Hellenic Competition Commission in the markets of a) healthcare materials, b) other appropriate means of individual or collective protection against the spread of (...)

The Russian Competition Authority reveals a cartel in the market for the provision of services for the repair of radiological equipment for the needs of healthcare institutions (Sibmer / Radiatsionnaya Tekhnika)
Russian Federal Antimonopoly Service (Moscow)
The Second Episode Of Large Cartel In The Market Of Radiological Equipment Was Revealed* Novosibirsk Regional Office of the FAS Russia together with Rosfinmonitoring revealed a medical cartel in the Siberian Federal District at 89 auctions. The FAS Russia suspects its participants in another (...)

The Russian Competition Authority finds that six companies engaged in a cartel by setting and maintaining high prices in the market of orthopedic products (Trives Trade / MedExpert / Optomed / Maltri / Orto)
Russian Federal Antimonopoly Service (Moscow)
Fas Russia Found Cartel In The Market Of Orthopedic Products* By entering into anticompetitive agreement, six companies wholesaling orthopedic products set and maintained the highest price of products sold The FAS Russia found Trives Trade LLC, MedExpert LLC, Optomed LLC, Maltri LLC, ORTO LLC (...)

The Finnish Market Court imposes a €50,000 penalty on hospital district for direct procurement that breaches the Act on Public Procurement and Concession Contracts (Helsinki and Uusimaa Hospital District)
Finnish Competition and Consumer Authority (Helsinki)
The Market Court imposes EUR 50,000 penalty payments in total on HUS for direct procurement that breaches the Act on Public Procurement and Concession Contracts* As per two separate proposals made by the Finnish Competition and Consumer Authority (FCCA), the Market Court has imposed a total (...)

The Danish Competition Authority accepts commitments from a digital platform to remove a mandatory minimum hourly fee for regular cleaning services providers on the platform (Hilfr)
Bird & Bird (Copenhagen)
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Bird & Bird (Copenhagen)
A Danish digital platform facilitating contact between providers of cleaning services and customers, www.hilfr.dk (‘Hilfr’), operated with a minimum hourly fee as a prerequisite for the providers to offer their services on the platform. The providers of cleaning services using Hilfr are divided (...)

The Australian Federal Court imposes a $2.9 million civil penalty on a health company for the sharing of patient personal information with private health insurance brokers and for publishing misleading patient reviews and ratings (HealthEngine)
Ashurst (Sydney)
On 20 August 2020, HealthEngine Pty Ltd ("HealthEngine") was ordered by the Federal Court of Australia to pay a AUD 2.9 million civil penalty for contraventions of the Australian Consumer Law ("ACL") between 30 April 2014 and 30 June 2018 related to reviews, ratings, referrals and sharing (...)

The Hungarian Competition Authority investigates therapeutic claims attributed to cosmetic products containing C-peptide as consumers are subjected to unfair commercial practices due to the COVID-19 pandemic (Vargapeptide) Free
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (GVH) keeps a watchful eye over advertisement claims regarding alleged COVID-19 treatments that exploit the vulnerability of consumers in the current pandemic. The GVH initiated an investigation against Max-Immun Kft. in May (VJ/22/2020), because of its (...)

The Guernsey Competition Authority provisionally finds that a medical specialist imposed excessively broad restraints of trade restrictions on its ex-consultants (Medical Specialist Group)
Guernsey Competition Authority (St. Peter Port)
Competition Authority issues case against Medical Specialist Group* The Guernsey Competition and Regulatory Authority (GCRA) has provisionally found that the Medical Specialist Group (MSG) has broken Guernsey competition law by imposing excessively broad restraint of trade restrictions on its (...)

The Australian Competition Authority allows public and private competing hospitals to continue cooperating in response to the COVID-19 pandemic Free
Australian Competition and Consumer Commission (Canberra)
Private and public hospitals can continue cooperating on COVID-19* Private and public hospital operators, along with government health authorities in each Australian state and territory, will be able to continue working with each other in response to the COVID-19 pandemic, under the ACCC’s (...)

The UK Competition Authority imposes a £1.2m fine for price-fixing in private eyecare (Spire Healthcare)
United Kingdom’s Competition Authority (CMA) (London)
CMA imposes £1.2m in fines for price-fixing in private eyecare* The CMA has found that a private hospital group and 7 consultant ophthalmologists broke competition law by taking part in illegal price fixing. Following an investigation by the Competition and Markets Authority (CMA), Spire (...)

The UK Competition Authority fines £1.2 million healthcare providers and consultants for price-fixing (Spire Healthcare)
Ashurst (London)
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ADNOC Group (Abu Dhabi)
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Ashurst (London)
Spire Healthcare, a private healthcare provider, and six consultant ophthalmologists have been fined for their roles in facilitating and arranging to fix the price of initial consultations between different consultants at a Spire hospital in the north of England. Whilst individual consultants (...)

The UK Competition Authority fines private hospital and consultant eye doctors £1.2 million for price-fixing (Spire Healthcare)
Van Bael & Bellis (Brussels)
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Government Legal Department (London)
On 1 July 2020, the UK’s Competition and Markets Authority (“CMA”) fined the private hospital owner Spire Healthcare Limited and its parent Spire Healthcare Group Plc (together “Spire”) £1.2 million for instigating and facilitating a price-fixing cartel with seven consultant ophthalmologists based in (...)

The Peruvian Supreme Court confirms the Competition Authority’s sanctions imposed on a medical oxygen cartel for bid-rigging by a national health insurer’s public tenders (Messer Gases / Linde Gas / Praxair)
Peruvian Competition Authority - INDECOPI (Lima)
The Supreme Court of Justice confirmed the sanction imposed by Indecopi to the Medical Oxygen Cartel* The Permanent Constitutional and Social Law Chamber of the Supreme Court has declared unfounded the cassation appeals filed by the companies Messer Gases del Perú S.A., Linde Gas Perú S.A. and (...)

The Japanese Competition Authority approves commitment plan submitted by an international contact lenses company to alleviate concerns of restrictive trading practices (Cooper Vision Japan)
Japan Fair Trade Commission (Tokyo)
Approval of the Commitment Plan submitted by Cooper Vision Japan, Inc.* In response to the Notice of Commitment Procedures which the Japan Fair Trade Commission (hereinafter referred to as “JFTC”) issued to Cooper Vision Japan, Inc. (hereinafter referred to as “Cooper Vision Japan”) on March 13, (...)

The Spanish Competition Authority receives over 500 complaints and inquiries in the mailbox set up specifically for individuals and companies during the COVID-19 pandemic Free
Spanish Competition Authority (CNMC) (Madrid)
The CNMC receives over 500 complaints and inquiries through the mailbox set up during the Covid-19 crisis* The CNMC receives over 500 complaints and inquiries through the mailbox set up during the Covid-19 crisis The financial sector (45%) and the health products and food sector (30%) (...)

The Italian Competition Authority approves a distribution scheme allowing disposable surgical masks to be sold in pharmacies and health retail outlets as a response to the COVID-19 pandemic Free
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 1 June 2020, the Italian competition authority (“L’Autorità Garante della Concorrenza e del Mercato”) authorised a scheme that would allow disposable surgical masks to be distributed and sold in pharmacies and health product retail outlets (see, attached press release). It did so at the request (...)

The Italian Competition Authority allows cooperation among competing pharmacies in purchasing and selling surgical masks, and a common moratorium scheme for consumer credit among competing financial services providers, both as special measures allowed due to the COVID-19 pandemic Free
Italian Competition Authority (Rome)
ICA: competitive compatibility verified of the cooperation agreements between businesses for the distribution of masks and the moratorium scheme for consumer credit prepared by Assofin* The Authority has applied for the first time the Communication, approved last April, on cooperation (...)

The Italian Competition Authority approves a joint purchasing agreement of surgical masks via pharmacies and drugstores pursuant to its temporary rules on cooperation between companies during the COVID-19 pandemic Free
Ashurst (Milan)
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Ashurst (Brussels)
On 1 June 2020, the Italian Competition Authority ("ICA") approved a joint purchasing agreement of surgical masks via pharmacies/drugstores and a moratorium scheme on loan repayments agreed within ASSOFIN (the Italian Association of Consumer Credit and Mortgage Lending) pursuant to its (...)

The Dutch Competition Authority allows hospitals and pharmaceutical wholesalers to collaborate during the COVID-19 pandemic to prevent or reduce any shortages of essential drugs Free
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM: room for collaboration involving the distribution of essential drugs for COVID-19 patients* Hospitals, hospital pharmacies, and pharmaceutical wholesalers are allowed to collaborate closely with each other during the current coronavirus (COVID-19) outbreak in order to prevent or reduce (...)

The Spanish Supreme Court sheds light on the liability of cartel members not directly active in the relevant market (FENIN)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
In 2016, the CNMC fined €128.8 million on seven manufacturers, a business association (the Spanish Federation of Healthcare Technology Companies (FENIN)) and four individuals for setting up a price-fixing cartel of adult diapers sold in pharmacies (Decision of 26 May 2016, AIO, file S/DC/0504/14 (...)

The US DoJ announces its first approval of a COVID-19 competitor collaboration which does not involve medical supplies Free
Robins Kaplan (New York)
DOJ Signs Off On First COVID-Related Competitor Collaboration Not Involving Medical Supplies* On May 15, 2020, the Antitrust Division of the Department of Justice announced its first approval of a COVID-19 competitor collaboration that does not involve equipment or medications directly related (...)

The Turkish Competition Authority initiates its first pandemic related investigation against 29 undertakings operating in the different levels of food and cleaning/hygiene products market and announces that it will investigate the pricing behaviors Free
ACTECON (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Esin (Istanbul)
The Turkish Competition Authority (“TCA”) on March 23, 2020 gave its heads up to undertakings that it was “closely following the price increases”, which it referred to as “opportunistic” during the pandemic . As such, the TCA warned in its announcement that it will impose the highest fines allowed by (...)

The US DoJ charges a leading cancer treatment centre with conspiring to allocate medical and radiation oncology treatments for cancer patients in Southwest Florida and enters a deferred prosecution agreement for the remainder of the cartel investigation (Florida Cancer Specialists & Research Institute)
US Department of Justice (Washington DC)
Leading Cancer Treatment Center Admits to Antitrust Crime and Agrees to Pay $100 Million Criminal Penalty* Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group headquartered in Fort Myers, Florida, was charged with conspiring to allocate medical and radiation (...)

The Italian Competition Authority releases a notice on cooperation agreements between businesses with special emphasis on the pharmaceutical, agri-food, and health sector within the framework of the COVID-19 pandemic Free
Italian Competition Authority (Rome)
ICA: Notice on cooperation agreements between businesses within the framework of the coronavirus emergency* Following the crisis caused by the spread of COVID-19 and the needs of the production system to cope with it, the Autorità Garante della Concorrenza e del Mercato (Italian Competition (...)

The US DoJ and FTC issue a joint antitrust statement regarding COVID-19 and competition in labor markets and recognize that firms may need to cooperate in unprecedented ways to respond to the pandemic Free
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
The COVID-19 pandemic has placed additional stressors on labor markets, particularly for healthcare workers and essential employees. While recognizing that employers, recruiters and staffing agencies may need—and be allowed to—cooperate in unprecedented ways to address current needs, on April 13, (...)

The EU Commission releases a Temporary Framework communication providing a more comprehensive antitrust guidance to companies cooperating in response to the COVID-19 pandemic Free
BDK (Podgorica)
Following the joint statementof 23 March 2020 by the European Competition Network (ECN), consisting of the European Commission, the European Surveillance Authority and the national competition authorities of each EU/EEA Member States on the joint approach to the application of competition law (...)

The EU Commission publishes a Temporary Framework for assessing antitrust issues relating to business cooperation as a response to the urgency stemming from the COVID-19 pandemic Free
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
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Herbert Smith Freehills (London)
On 8 April 2020 the Commission published a ‘Temporary framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak’ (Temporary Framework). The Commission recognises the exceptional challenges faced by (...)

The EU Commission increases leeway for cooperation between pharma and medical equipment companies during the COVID-19 pandemic Free
Bird & Bird (Belgium)
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Bird & Bird (Copenhagen)
Competition rules are aimed at safeguarding healthy competition between companies. For more than half a century the EU and its Member States have vigorously defended effective competition by pursuing and sanctioning anti-competitive agreements and abuses of dominant positions. The pharma sector (...)

The EU Commission issues a Temporary Framework Communication on allowing limited cooperation among businesses, and a comfort letter especially for critical hospital medicines during the COVID-19 pandemic Free
European Commission - DG COMP (Brussels)
Antitrust: Commission provides guidance on allowing limited cooperation among businesses, especially for critical hospital medicines during the coronavirus outbreak* The European Commission has published a Temporary Framework Communication to provide antitrust guidance to companies cooperating (...)

The EU Commission publishes a Temporary Framework to guide cooperation between companies to ensure the supply and distribution of essential products during the COVID-19 pandemic Free
Bocconi University (Milan)
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ICC France (Paris)
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King & Spalding (Brussels)
The European Commission has published a Temporary Framework Communication to provide guidance to companies that are cooperating to ensure the supply and distribution of essential products – including medicines and medical equipment – during the COVID-19 outbreak. The Communication sets out the (...)

The Bulgarian Competition Authority announces it will focus on allowing and monitoring collaborations among competitors in the markets for public health products and pharmaceuticals as well as food and commerce important for fighting the COVID-19 pandemic Free
Bulgarian Commission for the Protection of Competition (Sofia)
Message by the CPC on the application of antitrust rules in the state of emergency situation concerning COVID-19* The Commission for protection of competition supports the joint position of the European Commission and the national competition authorities within the European Competition Network (...)

The Italian Competition Authority launches an investigation and opens sub-proceedings to potentially order interim measures against two companies providing products for the prevention of contagion of COVID-19 to consumers residing in Europe (ContextLogic / Wish) Free
Italian Competition Authority (Rome)
PS11734 - ANTITRUST: PROCEEDINGS INITIATED AGAINST THE WWW.WISH.COM PLATFORM* On 31 March, the Authority launched an investigation and opened a sub-proceedings for ordering, if necessary, an interim measure against ContextLogic Inc, the US company that owns the www.wish.com platform and its (...)

The UK Government publishes an order that excludes certain arrangements in the healthcare sector from the Competition Act to tackle COVID-19 pressures Free
Hill Dickinson (Leeds)
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Hill Dickinson (London)
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Hill Dickinson (Leeds)
Healthcare providers - suspension of competition law provisions to tackle coronavirus pressures* To ensure that healthcare providers can work together effectively to tackle the coronavirus pandemic, an order has been made to exclude certain arrangements within the healthcare sector from (...)

The US DoJ and FTC issue a joint statement detailing antitrust procedures and providing guidance for collaborations of businesses that work to protect health and safety during the COVID-19 pandemic Free
Sheppard Mullin (Washington)
On Tuesday, March 24, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued a joint statement “detailing an expedited antitrust procedure and providing guidance for collaborations of businesses working to protect the health and safety of Americans during the COVID-19 (...)

The South African Government issues six regulations amending the national Competition Act aimed at combatting the COVID-19 pandemic Free
Herbert Smith Freehills (Johannesburg)
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Herbert Smith Freehills (Johannesburg)
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Herbert Smith Freehills (Johannesburg)
Following the declaration of a national state of disaster in terms of the Disaster Management Act No. 57 of 2002 (as amended), the concerning escalation in the number of confirmed COVID-19 infections in South Africa prompted the National Coronavirus Command Council to enforce a nationwide (...)

The South African Government grants block exemptions to the healthcare sector to combat the spread of the COVID-19 pandemic Free
Fasken (Johannesburg)
Acting swiftly to try to contain the spread of Covid-19 in South Africa, on 15 March 2020 President Cyril Ramaphosa declared a National State of Disaster. Now the government has gone further - on 19 March 2020 regulations issued by the Minister of Trade and Industry (the "Regulations") were (...)

The Australian Federal Court dismisses the Competition Authority allegation against a healthcare company misusing its market power by engaging in anticompetitive conduct to prevent a group of surgeons from opening a rival day surgery (Ramsay)
Ashurst (Sydney)
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Ashurst (Sydney)
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Ashurst (Sydney)
What you need to know In a rare Federal Court proceeding involving alleged misuse of market power, the Federal Court held that the Australian Competition and Consumer Commission (ACCC) failed to establish that Ramsay Health Care (Ramsay) had in fact engaged in the anti-competitive conduct (...)

The US DoJ announces its intention to hold accountable companies that violate national antitrust laws in connection with the manufacturing and the distribution or the sale of public health products following the COVID-19 pandemic Free
Eversheds Sutherland (New York)
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Eversheds Sutherland (Washington D.C.)
As we all respond to COVID-19 (the coronavirus), we should keep an eye on the responsive measures being taken by the US Department of Justice (DOJ), and consider how those measures might impact companies and individuals globally. The DOJ acts in several roles, including as a part of law (...)

The US DoJ warns businesses against price-fixing, bid-rigging, and market sharing in the manufacturing or the distribution as well as the sale of public health products in the face of the COVID-19 pandemic Free
US Department of Justice (Washington DC)
Justice Department Cautions Business Community Against Violating Antitrust Laws in the Manufacturing, Distribution, and Sale of Public Health Products* The Department of Justice today announced its intention to hold accountable anyone who violates the antitrust laws of the United States in (...)

The US DoJ reiterates its focus on prosecuting violations of antitrust laws in areas affected by the COVID-19 pandemic Free
McDermott Will & Emery (Chicago)
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McDermott Will & Emery (Chicago)
The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws, especially in areas affected by the coronavirus outbreak. On March 9, 2020, (...)

The US DoJ announces its intention to continue to hold businesses accountable for per se criminal violations of antitrust laws during the COVID-19 pandemic Free
Proskauer (Washington)
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Proskauer (London)
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Proskauer (Washington)
As businesses across the globe grapple with the changing realities presented by the COVID-19 pandemic, U.S. and international antitrust enforcers have warned that business should continue to mind the antitrust laws. Global enforcers are also focusing on the role competition laws play as (...)

The US DoJ publishes a reminder that emergency efforts do not negate the requirement to adhere to the antitrust laws and that the COVID-19 pandemic is not an opportunity to violate those laws Free
Epstein Baker Green (Washington DC)
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Epstein Baker Green (Washington DC)
As organizations are working to respond to the 2019 novel coronavirus (known as “COVID-19”), the U.S. Department of Justice (“DOJ”) issued a reminder that emergency efforts do not negate the requirement to adhere to the antitrust laws, and that the DOJ stands ready to respond to market participants (...)

The US DoJ publishes a statement cautioning that the antitrust laws remain in effect and agreements among competitors that set commercial terms may be illegal Free
Skadden, Arps, Slate, Meagher & Flom (New York)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Washington)
Antitrust-Related Considerations Collaborations With Competitors Companies seeking to collaborate with competitors in response to the COVID-19 crisis must keep in mind, as the Department of Justice has recently cautioned, that the antitrust laws remain in effect, and agreements among (...)

The US DoJ and FTC publish a statement on the violation of antitrust laws in connection with the manufacturing and the distribution or sale of public health products during the COVID-19 pandemic Free
Sheppard Mullin (Washington)
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Oracle (San Francisco)
DOJ and FTC To Focus On Antitrust and Consumer Protection Violations Relating to Coronavirus* The rapidly evolving COVID-19 (coronavirus) situation is impacting local and global companies, disrupting supply chains, creating volatility in the stock market, and causing great concern in local (...)

The US DoJ signals it will step up enforcement in response to the COVID-19 pandemic and will hold accountable anyone who violates antitrust law in connection with the manufacturing, distribution or sale of public health products Free
Cooley (Washington)
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Cooley (San Francisco)
The DOJ’s Antitrust Division has signaled it will step up enforcement in response to COVID-19. While pandemics and Sherman Act investigations may not seem like the most intuitive pairing, it actually fits a historic pattern in which the DOJ ramps up antitrust enforcement during crises. There are (...)

The US DoJ and FTC warn companies and would-be scammers that they will use their consumer protection and competition enforcement powers to go after anyone trying to take advantage of the COVID-19 pandemic Free
Lowenstein Sandler (Washington)
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Competition Law Partners (Washington)
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Competition Law Partners (Washington)
COVID-19: The Reaction of U.S. Antitrust Agencies* COVID-19 has impacted nearly every aspect of American life right now, and there are myriad legal issues companies are facing from the pandemic’s fallout. These include antitrust considerations, ranging from potentially criminal conduct to (...)

The US Court of Appeals for the Seventh Circuit rules on the co-conspirator exception to the Illinois Brick rule against distributors in the healthcare market (Marion Healthcare / Becton Dickinson & Company)
Bona Law (San Diego)
The Seventh Circuit Explains the “Co-Conspiracy Exception” to the Illinois Brick Rule in Healthcare Antitrust Lawsuit* Antitrust law evolves in such a way that opinions from federal appellate courts are always interesting in how they affect the doctrine. But there are a select few judges who (...)

The US Court of Appeals for the Seventh Circuit clarifies whether a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a conspiracy between the distributor and manufacturer in the passing on of a case between two healthcare providers (Marion Healthcare / Becton Dickinson & Company)
Freshfields Bruckhaus Deringer (New York)
Introduction In its recent decision in Marion Healthcare, LLC v. Becton Dickinson & Co., the Seventh Circuit added to the discussion among circuit courts as to whether and when a consumer who purchases from a distributor may hold a manufacturer liable for overcharges resulting from a (...)

The Californian Attorney General, as well as other national jurisdictions’ Attorneys General, announce their intent to take action against unfair "price gouging" and the US DoJ focuses on public health products during the COVID-19 pandemic Free
Paul Weiss (New York)
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Paul Weiss (New York)
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US Department of Justice (Washington DC)
State AGs Respond to COVID-19-Related “Price Gouging” and DOJ Antitrust Enforcement to Focus on Public Health Products* The outbreak and continued spread of a new strain of coronavirus, COVID-19, has led to surging demand for, and in some cases shortages in the supply of, a wide variety of (...)

The Mexican Competition Authority imposes fines totalling MX$28.8 million on 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 EU Court of Justice rules that pay-for-delay patent settlements may restrict competition by object (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Van Bael & Bellis (Brussels)
On 30 January 2020, the Court of Justice of the European Union (the “ECJ”) handed down its judgment in Case C-307/18, Generics (UK) and Others. This case marks the first time the ECJ has ruled on patent settlement agree- ments between originator pharmaceutical companies and generic producers. (...)

The Mexican Competition Authority imposes fines totaling €1.1 million on members of the same economic interest group in a cartel investigation in Mexico’s public health sector (Galeno / Holiday)
Ritch Mueller (Mexico City)
On January 30th, 2020, in the context of case file DE-020-2014, the plenary session of the Mexican Federal Competition Commission (’Cofece’) has imposed fines totaling MXN$28,790,000 (approximately, €1.1 million) to Productos Galeno and Holiday de Mexico, as well as to two individuals who acted on (...)

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 / Martin Shkreli)
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 Hungarian Competition Authority fines undertakings €4.8 million for sharing EU-funded public procurement tenders for diagnostic imaging equipment (GE Hungary / Premier G / Euromedic Technology)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Competition Authority (’’GVH’’) fined several undertakings which were found to have shared amongst themselves the EU-funded public procurement tenders for diagnostic imaging (MRI, CT and X-ray) equipment in Hungary in 2015. The total fine amounts to EUR 4.8 million, with GE Hungary (...)

The Mexican Competition Authority presents a 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 Spanish Supreme Court sheds light on the issue of penalties to directors in a price-fixing case (FENIN)
Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
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Callol, Coca & Asociados (Madrid)
The Supreme Court’s judgments quash the decisions against two employees of FENIN (the Spanish Federation of Health Technology Companies) in the CNMC’ Decision of 26 May 2016, AIO, S/DC/0504/14), which fined €128.8 million on eight manufactures, their association FENIN and four individuals, for (...)

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)
French Competition Authority (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 US FTC reverses Administrative Law Judge decision, finding Section 5 violation for reverse-payment settlement (Endo / Impax)
Rutgers University (New Brunswick)
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 US 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 Australian Federal Court imposes a fine of $1.05M in a gun jumping case in the pharmaceutical industry (Cryosite / Cell Care)
Bird & Bird (Sydney)
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Bird & Bird (Sydney)
In July 2018, the Australian Competition and Consumer Commission (“ACCC”) brought its first gun jumping cartel case against Cryosite Limited (“Cryosite”). Gun jumping occurs when parties to a merger or acquisition coordinate their activities prior to the completion of their transaction. This (...)

The Australian Federal Court imposes a fine of $1.05M for engaging in ‘gun jumping’ cartel conduct in an asset sale agreement in the clinical market (Cryosite / Cell Care)
Jones Day (Melbourne)
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Australian Competition and Consumer Commission (Sydney)
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Herbert Smith Freehills (Sydney)
On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its asset sale agreement with Cell Care Australia. The modest fine reflected the (relatively small) scale of the business concerned and their (...)

The Italian Government confirms that the Italian Competition Authority wrongly established a bid-rigging practice in the medical sector (Alliance / Siemens / Philips / Toshiba / AGCM)
Giannino SI (Monserrato)
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 Competition Authority clears the biggest shopping mall in Cyprus of allegations of concerted practices and abuse of dominant position (Beautyline / The Mall of Cyprus)
Elias Neocleous (Limassol)
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Elias Neocleous (Limassol)
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 Russian Competition Authority’s Appeal Board dismisses the decision by its Regional Office in Sverdlovsk ordering 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 a fine totalling €199K on a waste disposal company for increasing the prices charged on hospitals and clinics in Corsica (Sanicorse)
French Competition Authority (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 Authority assesses 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 US FTC settles civil complaint regarding wage-fixing against a medical staffing agency (Your Therapy Source)
McDermott Will & Emery (Paris)
A recent settlement shows that the US Federal Trade Commission (FTC) will use its enforcement authority to target employer collusion in the labor market. What Happened The FTC brought a complaint against a medical staffing agency, Your Therapy Source, LLC, and the owner of a competing (...)

The Belgian Competition Authority carries out an 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...)
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 Competition Authority 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 clarifies the application of competition law to the pharmaceutical sector concerning off-label use of medicine and the dissemination of misleading information about product characteristics (Hoffman-La Roche / Novartis)
McDermott Will & Emery (Brussels)
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McDermott Will & Emery (Paris)
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Norton Rose Fulbright (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 EU Court of Justice holds that colluding to disseminate information constitute a restriction of competition "by object" (Hoffman-La 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 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)
United Kingdom’s 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
French Competition Authority (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 Authority 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 AG 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)
Latham & Watkins (Brussels)
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Liège University (Liège)
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 Australian Federal Court rules against the Competition Authority in considering alleged misleading and deceptive conduct of a private hospital (Medibank)
Herbert Smith Freehills (Sydney)
The Federal Court has found against the ACCC in considering changes to Medibank’s coverage for certain out-of-pocket expenses and related representations made in various Medibank documents. In rejecting the ACCC’s contentions, the Court undertook a detailed and careful analysis of Medibank’s (...)

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 Spanish Competition Authority closes the medical gases investigation due to insufficient evidence to establish anticompetitive practices (Abelló Linde / Air Liquide Medicinal / Conste / Praxair...)
Callol, Coca & Asociados (Madrid)
The NMCC initiated an investigation on possible anti-competitive practices in the manufacturing and distribution of medical gases, consisting of market sharing, price fixing and the exchange of confidential information. The NMCC carried out dawn raids at Abelló Linde, S.A., Air Liquide (...)

The Swedish Patent and Market Court of Appeal overturns the Stockholm District Court’s decision and finds three healthcare providers not guilty of a 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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Helmy, Hamza & Partners (Baker McKenzie Cairo)
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 oxygen therapy 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
French Competition Authority (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 (In re Vitamin C Antitrust Litigation)
Baker McKenzie (Brussels)
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Baker McKenzie (New York)
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Baker McKenzie (Washington)
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 US Court of Appeals for the Second Circuit vacates a $147 million antitrust judgment on international comity grounds against a vitamin-C manufacturer who was legally required to set prices and reduce quantities abroad (In re Vitamin C Antitrust Litigation)
Freshfields Bruckhaus Deringer (Beijing)
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Freshfields Bruckhaus Deringer (Washington)
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Freshfields Bruckhaus Deringer (Hong Kong)
On September 20, in a landmark decision, the US Court of Appeals for the Second Circuit reversed a district court’s decision in In re: Vitamin C Antitrust Litigation on international comity grounds. In vacating a $147m antitrust judgment against Chinese vitamin C manufacturers, the Second (...)

The Latvian Competition Authority fines medical equipment traders for bid-rigging (Optika&Dentika / KJ Serviss)
Latvian Competition Council (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 a professional association for anticompetitive conduct aimed at the governmental treatment of infertility programs (Polish Centers of Infertility Treatment and Reproduction Development)
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 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 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
French Competition Authority (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 procedure 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)
Latvian Competition Council (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 (...)

Unilateral Practices

The Romanian Competition Authority opens an investigation into a pharmaceutical company’s alleged abusive behaviour on two distinct markets (Boehringer Ingelheim)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 6 December 2021, the Romanian competition authority announced that it conducted a dawn raid at the premises of Boehringer Ingelheim (BI) to investigate allegedly abusive conduct which targeted generic rivals of two of BI’s innovative medicines (see, attached press release in Romanian and (...)

The EU Commission carries out unannounced inspections at the premises of a pharmaceutical company active in animal health in Belgium due to suspected abuse of dominance
European Commission - DG COMP (Brussels)
Antitrust: Commission carries out unannounced inspections in the animal health sector in Belgium* The European Commission is conducting unannounced inspections at the premises of a pharmaceutical company active in animal health in Belgium. The Commission has concerns that the inspected (...)

The Turkish Competition Authority closes an investigation regarding an alleged abuse of dominance through withholding access to codes and activation tools required for the maintenance and repair of medical imaging devices (Philips Turkey)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
The Turkish Competition Board (the “Board”) launched a full-fledged investigation against Türk Philips A.Ş (“Philips Turkey”) into allegations of abuse of dominance through denying or delaying access to codes and activation tools required for the maintenance and repair of medical imaging devices (...)

The Dutch Competition Authority fines a medicine supplier almost €20 million for excessive pricing of a metabolic disorder medicine (Leadiant)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 20 July 2021, the ACM announced that it had imposed a fine of € 19,569,500 on Leadiant for abusing its dominant position by charging excessive prices for chenodeoxycholic acid-Leadiant (“CDCA”), a medicine indicated for the treatment of patients suffering from cerebrotendinous xanthomatosis, a (...)

The Italian Competition Authority finds no abuse in the refusal by diagnostic imaging device manufacturers to provide their downstream competitors access to information for maintenance services (Siemens Healthcare / Philips / GE Medical)
Portolano Cavallo (Milan)
On March 30, 2021, the Italian Competition Authority (hereinafter the “ICA” or the “Authority”) closed an investigation it had opened in 2018 against three manufacturers of high-end diagnostic imaging devices. It did so without a finding of infringement of competition law (namely, of abusing a (...)

The EU Commission opens a formal investigation into possible anticompetitive conduct of a global pharmaceutical company concerning a blockbuster multiple sclerosis medicine (Teva)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens formal investigation into possible anticompetitive conduct of Teva in relation to a blockbuster multiple sclerosis medicine* The European Commission has opened a formal antitrust investigation to assess whether the pharmaceutical company Teva has illegally delayed (...)

The Czech Competition Authority upholds a fine of €1.6 million for resale price maintenance levied against childcare products supplier (Baby Direkt)
Baker McKenzie (Brussels)
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Van Bael & Bellis (Brussels)
On 5 January 2021, on appeal against a decision by the Czech Office for the Protection of Competition (“Czech NCA”), the Chairman of the Czech NCA (the “Chairman”) upheld a fine of € 1.6 million levied by his organisation in November 2019 against childcare products supplier Baby Direkt. Baby Direkt (...)

The Hong Kong Competition Authority brings the first case on abuse of substantial market power to the Competition Tribunal (Linde)
Hong Kong Competition Commission (Hong Kong)
Competition Commission brings first case on abuse of substantial market power to Competition Tribunal* The Competition Commission (“Commission”) has today filed a case in the Competition Tribunal (“Tribunal”) against Linde HKO Limited (“Linde HKO”) and Linde GmbH (collectively referred to as “Linde” (...)

The UK Competition Authority accepts legally binding commitments from a pharmaceutical company to secure the affordable supply of a key drug (Essential Pharma)
United Kingdom’s Competition Authority (CMA) (London)
CMA secures affordable supply of key bipolar drug* The CMA has accepted legally binding commitments from Essential Pharma to continue supplying a key bipolar drug at an affordable price for at least 5 years. In October, the CMA launched an investigation suspecting that the pharmaceutical (...)

The Luxembourg Competition Authority’s president rejects a request for interim measures in the context of the COVID-19 health crisis (Bionext / Laboratoire National de Santé) Free
Professional training school for the bars - Ecole de Formation du Barreau (Paris)
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Bonn & Schmitt (Luxembourg)
I. Introduction On 17 December 2020, the President of the Luxembourg Competition Council (hereinafter the “President”) rendered a decision on a request for interim measures requested by the laboratory Bionext S.A. (hereinafter “Bionext”) against the Laboratoire National de Santé (hereinafter (...)

The Turkish Competition Authority re-examines allegations of exclusionary practices in the healthcare sector (Siemens)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Metro (Dusseldorf)
Upon the Ankara 7 th Administrative Court’s annulment its 2016 decision , the Competition Board (“Board”) re-examined the allegations against Siemens Healthcare Sağlık A.Ş. (“Siemens”) concerning abuse of dominance by way of excluding the competitors, engaging in discriminatory practices, and (...)

The Russian Competition Authority confirms that a pharmaceutical company with a dominant position in the wholesale of certain generics has ceased its problematic behavior and has signed a contract for medicine supply (Ipsen / Biotek)
Russian Federal Antimonopoly Service (Moscow)
Ipsen Company Comply With the Warning of the FAS Russia* Pharmaceutical company made required amendments to the Commercial policy and signed a contract with a distributor to supply their products FAS Russia received a notification of the Ipsen LLC that the company ceased the actions that (...)

The Australian Competition Authority accepts a physiotherapy company’s commitment to remove alleged unfair contract terms from its franchisee agreements (Back In Motion Physiotherapy)
Australian Competition and Consumer Commission (Canberra)
Back In Motion Physiotherapy to remove alleged unfair contract terms for franchisees* The ACCC has accepted a court-enforceable undertaking by Back In Motion Physiotherapy Pty Ltd to remove certain terms from its franchisees agreements which it admits may be unfair. Under a restraint of trade (...)

The French Competition Authority fines three laboratories for abusive practices (Novartis / Roche / Genentech)
French Competition Authority (Paris)
Treatment for AMD: the Autorité fines 3 laboratories for abusive practices* The Autorité de la concurrence has imposed fines worth a total of €444 million on three pharmaceutical companies, Novartis, Roche and Genentech, for abusive practices designed to sustain the sales of Lucentis for AMD (...)

The French Competition Authority imposes a fine worth a total of €444 million on three pharmaceutical companies for collective abuse of dominance practices designed to sustain the sale of an expensive drug (Novartis / Roche / Genentech)
Addleshaw Goddard
The French Competition Authority ("FCA") has issued a rare decision sanctioning three laboratories active in treatment of age-related macular degeneration on the basis of collective abuse of dominance practices designed to sustain the sale of an expensive drug, Lucentis, to the detriment of a (...)

The French Competition Authority imposes fines totalling €444 million on three laboratories for abuse of collective dominance in the market for the treatment of age-related macular degeneration (Novartis / Roche / Genentech)
White & Case (Brussels)
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White & Case (Brussels)
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White & Case (Brussels)
On 9 September 2020, the French Competition Authority (FCA) imposed fines totalling €444 million on three laboratories (Novartis, Roche and Genentech) for having abused their collective dominant position in the market for the treatment of age-related macular degeneration (AMD). The facts that (...)

The French Competition Authority fines 3 laboratories for abusive efforts to segment the market (Novartis / Roche / Genentech)
Van Bael & Bellis (Brussels)
Background On 9 September 2020, the French Competition Authority (the “FCA”) imposed a fine of € 444 million on Genentech, Novartis and Roche for abusing their collective dominant position on the market for the commercialisation of drugs for the treatment of age-related macular degeneration (AMD) (...)

The Mexican Competition Authority investigates monopolistic practices consisting in establishing exclusivity conditions of sale or purchase in the market for production, distribution and commercialization of medical oxygen
Mexican Competition Authority (Mexico City)
COFECE investigates possible relative monopolistic practices in the market for production, distribution and commercialization of medical oxygen in the Mexican territory* This investigation must not be understood as a prejudgment but rather as an action of the authority to verify compliance with (...)

The South African Competition Tribunal publishes its written reasons to penalize a pharmaceutical chain for excessive pricing (Dis-Chem) Free
Primerio (Johannesburg)
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Primerio (Johannesburg)
South Africa’s Second Price Gouging Case: Dis-Chem Penalised For Excessive Pricing re Face Masks* On 14 July 2020, the South African Competition Tribunal published its written reasons in relation to its decision to penalize Dis-Chem (a large pharmaceutical chain in South Africa) for (...)

The UK Competition Authority opens investigations against four pharmacies and convenience stores for suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the COVID-19 outbreak Free
Morgan Lewis (London)
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Morgan Lewis (London)
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Morgan Lewis (London)
The UK Competition and Markets Authority on June 19 announced that it had opened investigations against four pharmacies and convenience stores in relation to suspected breaches of antitrust rules by charging excessive and unfair prices for hand sanitiser products during the coronavirus (...)

The French Competition Authority closes investigation into exclusive imports practices in the medical equipment sector in French Guiana and in the French West Indies Free
French Competition Authority (Paris)
Respiratory assistance equipment in French Guiana and the French West Indies: investigation closed for exclusive imports* The Autorité closes an initial investigation into exclusive import practices in the medical equipment sector intended for hospitals in French Guiana and the French West (...)

The UK Competition Authority investigates four pharmacies and convenience stores for excessive and unfair pricing of hand sanitiser products during the COVID-19 pandemic Free
Bird & Bird (London)
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Orrick, Herrington & Sutcliffe (London)
The Competition and Markets Authority (CMA) is investigating four pharmacies and convenience stores for suspected breaches of competition law. The investigations, under Chapter II of the Competition Act 1998 (CA 98), relate to suspected charging of excessive and unfair prices for hand sanitiser (...)

The Ukrainian Competition Authority issues recommendations to pharmacies and retailers against excessive prices for masks, examines price hikes for airline tickets and monitors prices for disinfectants and consumption basket products Free
Redcliffe Partners (Kyiv)
As with other competition authorities, the Antimonopoly Committee of Ukraine (the "AMC") is responding promptly during the coronavirus outbreak. On 13 March 2020, the AMC announced that it would investigate any unjustified price hikes for medicines, face masks and other personal health (...)

The Italian Competition Authority publishes two investigations against online platforms with regards to some claims relating to the marketing of hand sanitizing and respiratory masks as well as hygiene products (Amazon / eBay) Free
Italian Competition Authority (Rome)
Coronavirus, the Authority begins investigating Amazon and eBay for misleading claims and excessive price increases.* The Authority launched two separate investigations today against the Amazon platform (Amazon Italia Customer Service, Amazon Eu, Amazon Service Europe) and eBay platform (eBay (...)

The UK Court of Appeal of England and Wales considers the test for excessive pricing after an undertaking had charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Bristows (London)
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Bristows (London)
Introduction In December 2016, the UK’s Competition and Markets Authority (CMA) found that Pfizer and Flynn had charged unfairly high prices for phenytoin sodium capsules, an important anti-epilepsy drug, in breach of competition law. The CMA imposed fines totalling £90 million. Pfizer and Flynn (...)

The UK Court of Appeal of England and Wales imposes agency discretion in the methodology to establish the unfairness of prices, thereby increasing the burden of proof on companies to avoid a finding of excessive pricing (Pfizer / Flynn)
Skadden, Arps, Slate, Meagher & Flom (Brussels)
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Skadden, Arps, Slate, Meagher & Flom (Brussels)
The UK Court of Appeal Overturns the CAT & Imposes Agency Discretion on Excessive Price Benchmark* On March 10, 2020, the England and Wales Court of Appeal (CoA) handed down a significant ruling that reintroduces agency discretion in the methodology used to establish the unfairness of (...)

The UK Court of Appeal of England and Wales seeks to reinstate record fines imposed on pharmaceutical companies for abuse of dominant position through excessive and unfair pricing of an anti-epilepsy drug (Pfizer / Flynn)
Herbert Smith Freehills (London)
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Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
On 10 March 2020 the UK Court of Appeal handed down its hotly anticipated judgment in Flynn Pharma Limited & Anr vs Competition and Markets Authority. The UK Competition and Markets Authority (CMA) was seeking to reinstate record fines totalling £89.4m imposed on pharmaceutical companies (...)

The UK Court of Appeal of England & Wales provides guidance on the legal test for excessive and unfair pricing after finding that an undertaking is charged unfairly high prices for phenytoin sodium capsules (Pfizer / Flynn)
Covington & Burling (Brussels)
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Latham & Watkins (Brussels)
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Norton Rose Fulbright (Brussels)
Under Article 102 of the Treaty on the Functioning of the European Union (“TFEU”), an undertaking may abuse its dominant position by “directly or indirectly imposing unfair purchase or selling prices”. The UK Court of Appeal recently provided guidance regarding the legal test to determine whether (...)

The Italian Competition Authority investigates online sales platforms for excessive pricing of hand sanitizers and respiratory protection masks in the face of COVID-19 outbreak Free
Italian Competition Authority (Rome)
ICA: Coronavirus, the Authority intervenes in the sale of sanitizing products and masks* Today the Autorità Garante della Concorrenza e del Mercato (the Italian Antitrust Authority) sent a request for information to the main online sales platforms and other sales sites about the marketing of (...)

The Californian Attorney General announces a $575 million settlement with the largest hospital system in Northern California (Sutter Health)
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 Copenhagen City Court fines 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 Paris Court of Appeal clarifies the relevant test for characterizing an excessive price in the market of waste disposal for hospitals and clinics in Corsica (Sanicorse)
Dechert (Paris)
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Dechert (Paris)
On 14 November 2019, the Paris Court of Appeal (the “Court”) quashed a decision of the French Competition Authority (“FCA”) of 20 September 2018 in which the latter had imposed € 199 000 fine on Sanicorse for having abused its dominant position on the market for infectious clinical waste (“ICW”) (...)

The Italian Competition Authority opens an abuse of dominance investigation into orphan drugs pricing (Leadiant Biosciences / Farmaco per la cura della Xantomasi cerebrotendinea)
Giannino SI (Monserrato)
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 UK Competition Authority invites interested parties to comment on its intention to accept commitments over an agreement that allegedly prevented the entry of a competing version in the drug fludrocortisone market (Aspen)
KPN (Amsterdam)
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Bird & Bird (London)
On 14 August 2019 the Competition & Market Authority ("CMA") invited interested parties to comment on its intention to accept commitments from Aspen over an agreement that allegedly prevented the entry of a competing version of the drug fludrocortisone in the UK. The CMA suspected Aspen (...)

The US FTC sues an e-prescriptions company for illegal monopolization on two e‑prescribing markets (Surescripts)
Jones Day (Washington)
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Jones Day (Washington)
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Jones Day (Chicago)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. In Short The Situation: The Federal Trade Commission ("FTC") recently filed a rare monopolization case, alleging that a health information technology company (...)

The Hungarian Supreme Court annuls the Competition Authority’s decision which fined a company for having applied a discount scheme leading to dual pricing on the contact lenses market (Alcon)
Bird & Bird (Budapest)
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Bird & Bird (Budapest)
The Hungarian Supreme Court ("Kúria") annulled on 10 April 2019 a decision of the Hungarian Competition Authority ("GVH") which had imposed a € 321,000 fine on Alcon Hungária Kft. and Alcon Services AG Hungarian branch (jointly, the "Alcon Companies") for having applied a discount scheme leading (...)

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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DPO Consultancy (‘s-Hertogenbosch)
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 Authority reaches a landmark abuse of dominance decision against an ambulance services provider that leads to a huge damages settlement (Falck / BIOS)
Szecskay Attorneys at Law (Budapest)
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 the largest provider of ambulances services abused its dominant position by excluding its competitor from the market (Falck / BIOs)
Szecskay Attorneys at Law (Budapest)
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 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 (Los Angeles)
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 US DoJ settles a lawsuit regarding a hospital system anti-steering provisions against health plans (Charlotte-Mecklenburg Hospital Authority)
Sheppard Mullin (Century City)
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Oracle (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 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 Advocates (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 Advocates (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 US Court of Appeals for the Third Circuit finds that a medical device company conspired to deny insurance coverage for telemetry monitors (LifeWatch Services / Highmark)
Hausfeld (Washington)
In LifeWatch Services Inc. v. Highmark Inc., the Third Circuit determined that a medical device company had plausibly alleged a conspiracy among Blue Cross Blue Shield health insurance companies to deny their insured coverage for telemetry monitors. The decision reversed a district court ruling (...)

The US 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)
This article has been nominated for the 2019 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. 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 (...)

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)
University of Macau - Faculty of Law (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)
University of Macau - Faculty of Law (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 Chinese NDRC investigates administrative monopolies in drug procurement for public hospitals in Shenzhen and Guanxian
University of Melbourne
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University of Melbourne
,
China Competition Bulletin (Beijing)
The NDRC, its local Guangdong bureau, and the SAIC recently investigated separate administrative monopoly cases involving drug procurement for public hospitals. Previously, the NDRC and its local offices had investigated drug procurement practices by local health and family planning commissions (...)

The US District Court of Appeals for the Tenth Circuit rejects claims challenging a medical-surgical distributor’s discount scheme (Suture Express / Cardinal Health / Owens & Micro)
Hausfeld (New York)
Cases in which vertical restraints are challenged under Section 1 of the Sherman Act often require proof that the defendant has “market power”—the power “to force a purchaser to do something that he would not do in a competitive market,” which usually takes the form of a seller’s ability “to raise (...)

The US Court of Appeals for the Tenth Circuit affirms a lower court’s 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)
Amgen (Thousand Oaks)
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 a healthcare company for price-fixing for 4% of its sales revenue on cardiovascular 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 US Court of Appeals for the Third Circuit declines to apply the price-cost test to a loyalty discount case in the pharmaceutical sector (Eisai / Sanofi)
Hausfeld (San Francisco)
On May 4, 2016, the Third Circuit—following the principles it set forth in LePage’s, Dentsply, and ZF Meritor—affirmed a decision by District of New Jersey Judge Mary L. Cooper granting summary judgment in favor of the defendant in Eisai, Inc. v. Sanofi-Aventis U.S., LLC. Eisai is the latest in a (...)

The US Court of Appeals for the Third Circuit rejects antitrust claims predicated on a supplier’s market-share discount program and other promotional tactics (Eisai / Sanofi)
Hall Render (Washington)
,
Baker Botts (Washington)
,
Gibson Dunn (Washington)
On May 4, 2016, the U.S. Court of Appeals for the Third Circuit announced its decision in Eisai, Inc. v. Sanofi Aventis U.S., LLC, rejecting antitrust claims predicated on a supplier’s market-share discount program and other promotional tactics. While the court’s decision adds some definition to (...)

The Moldovan Competition Authority prosecutes suppliers of pharmaceutical products for the failure to supply to the public health care institutions (Esculap)
University of Macau - Faculty of Law (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 a provisional decision on remedies to increase competition in the private healthcare market (HCA)
United Kingdom’s 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 refers the case back to the Competition Authority for investigation and clarifies that governmental health office constitutes an "enterprise" under the Competition Act (Biswanath Prasad Singh / DGHS Director General of Health Services)
Vaish Associates Advocates (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 a group of hospitals (Vivek Sharma / Becton Dickinson India / Max Super Speciality Hospital)
Vaish Associates Advocates (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. (...)

Mergers

The French Competition Authority clears a merger between two national medical analysis laboratories subject to commitments (Labexa / Cerba)
French Competition Authority (Paris)
Chemical pathology laboratories: the Autorité clears the acquisition of the Labexa Group by the Cerba Group, subject to conditions* Parties to the transaction The Cerba Group is mainly active in the chemical pathology sector and operates a network of 495 laboratories in France. It also has an (...)

The EU Commission unconditionally approves the acquisition of a transcription software company active in the healthcare sector and customer engagement solutions by a global technology company (Microsoft / Nuance)
European Commission - DG COMP (Brussels)
Mergers: Commission approves acquisition of Nuance by Microsoft* The European Commission has approved unconditionally, under the EU Merger Regulation, the proposed acquisition of Nuance Communications, Inc. (‘Nuance’) by Microsoft Corporation (‘Microsoft’). The Commission concluded that the (...)

The Australian Competition Authority receives withdrawal from a proposed merger in the IVF services sector due to competition concerns (Virtus / Adora)
Australian Competition and Consumer Commission (Canberra)
Virtus abandons proposed acquisition of Adora* The ACCC is likely to seek to discontinue its proceedings in the Federal Court in relation to Virtus Health’s (Virtus) proposed acquisition of Adora Fertility (Adora) from Healius, after Virtus announced today that it has decided not to proceed (...)

The US FTC returns to its standard use of prior approval and issues a proposed order imposing strict limits on future mergers involving a dialysis service provider due to its history of attempting to buy up competitors in an already concentrated industry (DaVita)
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Strict Limits on DaVita, Inc.’s Future Mergers Following Proposed Acquisition of Utah Dialysis Clinics* The Federal Trade Commission issued a proposed order imposing strict limits on future mergers by DaVita, Inc., a dialysis service provider with a history of fueling consolidation (...)

The German Competition Authority clears a merger between two national hospital groups (Sana-Kliniken / Ameos)
German Competition Authority (Bonn)
Bundeskartellamt clears acquisition of Sana-Kliniken in the Ostholstein district by AMEOS* The Bundeskartellamtt has cleared plans by AMEOS Psychiatrie Holding GmbH to acquire Sana-Kliniken Ostholstein GmbH. Sana Ostholstein runs three general hospitals in Fehmarn, Eutin and Oldenburg, and a (...)

The Australian Competition Authority seeks an urgent injunction to halt a health facility’s acquisition of several national fertility clinics (Virtus / Adora fertility clinics)
Australian Competition and Consumer Commission (Canberra)
ACCC seeks urgent injunction to halt Virtus acquiring Adora fertility clinics* The ACCC has filed proceedings in the Federal Court seeking an urgent injunction to stop the proposed completion of Virtus Health’s acquisition of Adora Fertility from Healius Limited. Virtus and Adora are leading (...)

The Australian Competition Authority gives a green light to a proposed acquisition in the healthcare transcription sector (Microsoft / Nuance)
Australian Competition and Consumer Commission (Canberra)
Microsoft’s proposed acquisition of Nuance not opposed* The ACCC will not oppose the proposed acquisition of Nuance Inc. by Microsoft Corporation. Nuance supplies speech recognition and transcription software primarily to the healthcare market, as well as customer engagement software that (...)

The Australian Competition Authority authorizes two national healthcare companies to form and operate a health services buying group (Honeysuckle Health / Nib Health Funds)
Australian Competition and Consumer Commission (Canberra)
Honeysuckle Health, nib buying group authorised with condition* The ACCC has authorised Honeysuckle Health and nib Health Funds (ASX: NHF) to form and operate a health services buying group. The authorisation has been granted with a condition that major insurers Medibank, Bupa, HCF and HBF in (...)

The EU Commission announces interim measures following a breach of the standstill obligation between two healthcare companies specialized in genomic sequencing (Illumina / GRAIL)
European Commission - DG COMP (Brussels)
Mergers: The Commission adopts a Statement of Objections in view of adopting interim measures following Illumina’s early acquisition of GRAIL* The European Commission has sent a Statement of Objections to Illumina and GRAIL informing them of the interim measures it intends to adopt following (...)

The EU Commission raises the stakes by issuing a Statement of Objections against a healthcare company in which it threatens to adopt interim measures to prevent potentially irreparable damage to competition (Illumina / GRAIL)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
In September 2021, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the Merger (...)

The Polish Competition Authority grants conditional approval of an acquisition of a medical services company by its competitor (Betamed / Air Liquide)
Polish Competition Authority (Warsaw)
UOKiK President grants conditional approval for consolidation* UOKiK President Tomasz Chróstny has issued conditional approval for the acquisition of Betamed by Air Liquide. Both companies operate, among others, in medical service markets financed by the National Health Fund. The conditions (...)

The EU Commission opens a new front by investigating a possible violation of a standstill obligation under the EU Merger Regulation against a concentration that is below usual EU and national thresholds for review (Illumina / GRAIL)
Van Bael & Bellis (Brussels)
,
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 20 August 2021, the European Commission (the Commission) announced that it would investigate whether Illumina’s decision, made public on 18 August 2021, to acquire Grail pending the Commission’s review of that transaction under Regulation 139/2004 on the control of concentrations between (...)

The EU Commission starts an investigation for possible breach of a standstill obligation in a merger between two biotechnology and pharmaceutical companies (Illumina / GRAIL)
European Commission - DG COMP (Brussels)
Mergers: Commission starts investigation for possible breach of the standstill obligation in Illumina / GRAIL transaction* The European Commission has decided to open an investigation to assess whether Illumina’s decision to complete its acquisition of GRAIL, while the Commission’s in-depth (...)

The Polish Competition Authority objects to a merger between two national healthcare facilities (Lux Med / Lecznice Citomed)
Polish Competition Authority (Warsaw)
Objections to the concentration of Lux Med - Lecznice Citomed* The President of UOKiK Tomasz Chróstny has issued objections concerning takeover of Lecznice Citomed in Toruń by Lux Med. The transaction may lead to a restriction of competition on the local markets for private medical services and (...)

The EU Commission opens an in-depth investigation into a proposed merger between two genomics companies (Illumina / GRAIL)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into proposed acquisition of GRAIL by Illumina* The European Commission has opened an in-depth investigation to assess the proposed acquisition of GRAIL by Illumina, under the EU Merger Regulation. The Commission is concerned that the proposed (...)

The Irish Competition Authority clears a merger between two nursing homes companies subject to conditions (Orpea / Firstcare)
Irish Competition Authority (Dublin)
CCPC requires commitment from Orpea to acquire six Firstcare nursing homes* The Competition and Consumer Protection Commission (CCPC) has cleared, subject to a binding commitment, the proposed acquisition by Orpea S.A.* (Orpea) of six Firstcare nursing homes. Orpea provides residential and (...)

The Dutch Competition Authority confirms an increase in the number of mergers that require further investigation due to potential effect on competition Free
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM sees more and more mergers with anticompetitive risks* The Netherlands Authority for Consumers and Markets (ACM) has seen an increase in the number of mergers that require further investigation because of possible risks for the mergers having negative consequences. At the moment, ACM is (...)

The Dutch Competition Authority clears a merger of two elderly care providers (Vrijwaard / Omring)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM: elderly care provider Omring meets conditions attached to acquisition of rival provider Vrijwaard* Elderly care provider Omring has received clearance needed to complete the acquisition of rival provider Vrijwaard in the northern Dutch city of Den Helder. With the sale of the care (...)

The Belgian Competition Authority clears a merger between three Brussels-based hospitals to form one group (Cliniques Universitaires de Bruxelles / Institut Jules Bordet / Hôpital Universitaire des Enfants Reine Fabiola)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 30 June 2021, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence - BCA) cleared a merger between three Brussels-based hospitals: (i) Cliniques Universitaires de Bruxelles - Hôpital Erasme / Universitaire Klinieken Brussel - Erasmusziekenhuis; (...)

The Dutch Competition Authority conducts further investigations into whether the acquisition of a healthcare clinic could lead to higher prices for health insurers (Mauritskliniek / Bergman)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Further investigation needed into the acquisition of Mauritskliniek by Bergman Clinics* The Netherlands Authority for Consumers and Markets (ACM) has not yet cleared the acquisition of health care provider Mauritskliniek by rival provider Bergman Clinics. ACM wishes to conduct a further (...)

The German Competition Authority clears a merger between cardio-surgical and cardio-logical services (Charité / Deutsches Herzzentrum Berlin)
German Competition Authority (Bonn)
Bundeskartellamt clears merger between Charité and Deutsches Herzzentrum Berlin* The Bundeskartellamt has cleared plans to merge the cardiosurgical and cardiological services of the Charité and Deutsches Herzzentrum Berlin, allowing for the establishment of the heart centre “Deutsches Herzzentrum (...)

The French Competition Authority clears the merger between two health establishment operating groups (C2s / Elsan)
French Competition Authority (Paris)
The Autorité de la concurrence clears the takeover of C2s clinics by the Elsan group* Following the referral decision of the European Commission on 12 April 2021, the Elsan group notified the Autorité of its plan to take exclusive control of the C2S clinics on 30 April 2021. Parties to the (...)

The Australian Competition Authority proposes to authorize a merger between two national health companies (Honeysuckle Health / Nib Health Funds)
Australian Competition and Consumer Commission (Canberra)
ACCC proposes to authorise Honeysuckle Health and nib buying group* The ACCC has issued a draft determination proposing to authorise Honeysuckle Health and nib health funds (ASX: NHF) to form and operate a health services buying group for five years. The proposed authorisation will include a (...)

The Dutch Competition Authority further investigates a merger between two national clinics (Eurocept and Excellent Clinics / Mediq)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
Further investigation needed into the acquisition of Eurocept and Excellent Clinics by Mediq* Mediq Nederland wishes to acquire Eurocept Homecare and Excellent Clinics. Mediq and Eurocept supply, among other products, medical aids and medical nutrition to patients that receive care at home. In (...)

The UK Competition Authority announces the withdrawal of two IT companies managing sensitive healthcare patient data from their intended merger (Imprivata / Isosec)
United Kingdom’s Competition Authority (CMA) (London)
Imprivata and Isosec abandon merger during CMA investigation* Imprivata and Isosec have abandoned their proposed tie-up after the CMA found competition concerns. Based on assurances received from Imprivata that the deal has been abandoned, the Competition and Markets Authority (CMA) has (...)

The UK Competition Authority finds competition concerns in the merger between two national secure authentication management solutions providers (Imprivata / Isosec)
United Kingdom’s Competition Authority (CMA) (London)
Imprivata’s purchase of Isosec raises competition concerns* The Competition and Markets Authority (CMA) has found that Imprivata’s proposed acquisition of Isosec raises competition concerns. Imprivata and Isosec provide secure authentication management solutions to healthcare providers in (...)

The EU Commission reviews the merger between two biotech companies specialized in genomic sequencing (Illumina / GRAIL)
French Competition Authority (Paris)
The European Commission opens a review of Illumina’s acquisition of Grail under the procedure of Article 22 of the 2004 Merger Regulation* Background Following the referral request submitted by the Autorité de la concurrence, which was joined by several Member States of the European Economic (...)

The EU Commission unleashes new approach to article 22 referrals regarding an acquisition in the healthcare sector (Illumina / GRAIL)
Van Bael & Bellis (Brussels)
On 23 March 2021, the European Commission (“Commission”) published Guidance outlining its new approach in accepting and encouraging referrals under Article 22 of the Merger Regulation of deals that fail to meet either the EU or Member State turnover thresholds but that nonetheless affect (...)

The EU Commission plans on reviewing a transaction even though EU and national turnover thresholds are not reached (Illumina / GRAIL)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
In a controversial move, the European Commission (the Commission) announced on 20 April 2021 that it would review the proposed acquisition of cancer detection test start-up Grail by genomics firm Illumina, both of the US. The Commission acted on a request of France, which was backed by three (...)

The US FTC challenges the merger between a pharmaceutical company and a cancer detection test manufacturer (Illumina / GRAIL)
US Federal Trade Commission (FTC) (Washington)
FTC Challenges Illumina’s Proposed Acquisition of Cancer Detection Test Maker Grail* Agency alleges vertical merger would harm competition in the U.S. market for life-saving Multi-Cancer Early Detection tests The Federal Trade Commission has filed an administrative complaint (a public version (...)

The EU Commission clears a merger between two optical retailers and manufacturers subject to conditions (EssilorLuxottica / GrandVision)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of GrandVision by EssilorLuxottica, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of GrandVision by EssilorLuxottica. The approval is conditional on full compliance with commitments (...)

The German Competition Authority clears a merger between two national private clinic operators (Sana / Klinikum Niederlausitz)
German Competition Authority (Bonn)
Bundeskartellamt has no objections to Sana’s participation in Klinikum Niederlausitz* The Bundeskartellamt has cleared plans by Sana Kliniken AG, Ismaning, to acquire 51% of the shares in Klinikum Niederlausitz GmbH, Senftenberg, from the Oberspreewald-Lausitz district. Klinikum Niederlausitz (...)

The Belgian Government adopts a bill to exclude clinical networking between hospitals from the application of merger control
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 18 March 2021, the federal Chamber of Representatives adopted a bill seeking to exclude the creation of local hospital networks (locoregionaal ziekenhuisnetwerk / réseau hospitalier locorégional) and any subsequent change in their composition from the application of the Belgian merger control (...)

The US FTC closes its investigation after a proposed merger in the healthcare sector is abandoned (Atrium / Houston Healthcare system)
US Federal Trade Commission (FTC) (Washington)
Following Federal Trade Commission Staff Recommendation to Challenge Transaction, Two Health Care Systems in Central Georgia Abandon Proposed Merger* Federal Trade Commission Votes to Close Investigation of Atrium Health Navicent, Inc. and Houston Healthcare System, Inc. Given the (...)

The US DoJ reaches a settlement with two leading central Pennsylvanian healthcare providers regarding their merger (Geisinger Health / Evangelical Community Hospital)
US Department of Justice (Washington DC)
Justice Department Resolves Antitrust Case Against Leading Central Pennsylvania Health Care Providers* Settlement Protects Hospital Competition in this Region The Department of Justice announced today that it has reached a settlement with Geisinger Health (Geisinger) and Evangelical Community (...)

The Belgian Government releases a draft bill to exclude clinical networking between hospitals from the application of merger control
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 25 February 2021, the federal government submitted to the federal Chamber of Representatives a draft bill modifying the consolidated Law of 10 July 2008 regarding hospitals and other institutions of care (the Law), as regards the application of the merger control rules to clinical networking (...)

The EU Commission conditionally clears a merger in the radiotherapy solutions market and subjects it to interoperability commitments (Siemens / Varian Healthineers)
Van Bael & Bellis (Brussels)
On 19 February 2021, the Commission conditionally cleared the acquisition of Varian by Siemens’ subsidiary Siemens Healthineers. Varian is a leading US supplier of radiotherapy solutions used to plan and deliver radiotherapy treatment, while German-based Siemens Healthineers is a leading (...)

The EU Commission clears the acquisition of American medical devices provider by leading medical imaging solutions company subject to conditions (Varian / Siemens Healthineers)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of Varian by Siemens Healthineers, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Varian Medical Systems by Siemens AG, through its subsidiary Siemens Healthineers. The approval is (...)

The Japanese Competition Authority reviews the proposed acquisition of an American producer of consumer fitness electronics by a Big Tech company (Fitbit / Google)
Japan Fair Trade Commission (Tokyo)
The JFTC Reviewed the Proposed Acquisition of Fitbit, Inc. by Google LLC* This case concerns a proposed transaction in which Google LLC (JCN3700150072195) (hereinafter referred to as “Google”) headquartered in the U.S. planned to acquire Fitbit, Inc. headquartered in the U.S. Google Group (a (...)

The US FTC retrospectively studies the impact of physician group and healthcare facility mergers (Aetna / Anthem / Florida Blue)
US Federal Trade Commission (FTC) (Washington)
FTC to Study the Impact of Physician Group and Healthcare Facility Mergers* The Federal Trade Commission has issued orders to six health insurance companies to provide information that will allow the agency to study the effects of physician group and healthcare facility consolidation that (...)

The Indian Competition Authority approves a merger between a healthcare company and a hospital network as the merger is unlikely to raise anticompetitive concerns (Manipal Health Enterprises / Columbia Asia Hospitals)
Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
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Lakshmikumaran & Sridharan (New Delhi)
Manipal Health Enterprises Private Ltd. (“MHEPL / Acquirer”) is part of the Manipal Educational and Medical Group which operates a network of hospitals providing multi-speciality care. Manipal Group has 15 hospitals spread across 7 cities in India under the brand name ‘Manipal Hospitals’. Outside (...)

The Finnish Competition Authority secures its second merger block in 2020 as a €360 million healthcare deal is abandoned during the Market Court proceeding (Mehiläinen / Pihlajalinna)
White & Case (Brussels)
An exceptional year in Finnish merger control came to an end on 29 December 2020 when the Finnish Market Court announced its decision concerning the Finnish Competition Authority’s (the FCCA) proposal to prohibit the merger between healthcare firms Mehiläinen and Pihlajalinna. After the oral (...)

The Australian Competition Authority rejects a Big Tech company’s behavioral remedies for the acquisition of a wellness and healthcare device manufacturer (Fitbit / Google)
Australian Competition and Consumer Commission (Canberra)
ACCC rejects Google behavioural undertakings for Fitbit acquisition* The ACCC has announced that it will not accept a long-term behavioural undertaking offered by Google that sought to address competition concerns about its proposed acquisition of wearables supplier and manufacturer Fitbit. (...)

The German Competition Authority clears under merger control the launch of a digital health platform (Phoenix / Noventi)
German Competition Authority (Bonn)
Bundeskartellamt allows Phoenix and Noventi to launch digital health platform* The Bundeskartellamt has cleared under merger control the planned launch of a joint venture by the Phoenix Group subsidiary ADG Apotheken-Dienstleistungsgesellschaft mbH, Mannheim, and the pharmacy services provider (...)

The German Competition Authority authorizes a proposed joint venture company to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines (Phoenix / Noventi)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
The Bundeskartellamt, the German competition authority (BKA), authorised today under German merger control rules a proposed joint venture company (JV) to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines and other functions such (...)

The US FTC approves a final order settling charges that the acquisition by a medical device company of its competitor would violate federal antitrust law (Stryker / Wright Medical Group)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Imposing Conditions on Stryker Corp.’s Acquisition of Wright Medical Group N.V.* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that medical device company Stryker Corp.’s proposed $4 billion acquisition of (...)

The EU Commission clears the acquisition of a manufacturer of consumer-health devices by a Big Tech company, subject to conditions (Fitbit / Google)
European Commission - DG COMP (Brussels)
Mergers: Commission clears acquisition of Fitbit by Google, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Fitbit by Google. The approval is conditional on full compliance with a commitments package offered by Google. Executive (...)

The EU Commission conditionally clears the acquisition by a Big Tech company of a smartwatch company active in several complementary markets, including app stores, online advertising, and the nascent digital healthcare sector (Fitbit / Google)
Norton Rose Fulbright (Brussels)
Google/Fitbit – The EU Commission Misses a Step* The European Commission’s 254-page decision approving Google’s acquisition of Fitbit (the “Decision”) offered the Commission a so-far unique opportunity to apply the 2019 report on “Competition policy for the digital era’s” (the “Digital Era (...)

The EU Commission clears subject to conditions the acquisition of a healthcare devices manufacturer by a US tech giant (Fitbit / Google)
Van Bael & Bellis (Brussels)
On 17 December 2020, following a Phase II investigation, the Commission approved Google’s acquisition of Fitbit subject to commitments. Fitbit is an American company that develops and sells wearable fitness devices such as smartwatches and fitness trackers, as well as related software and (...)

The US DoJ requires divestiture of commercial health insurance business for a healthcare merger in New Hampshire to proceed (Harvard Pilgrim / Health Plan Holdings)
US Department of Justice (Washington DC)
Justice Department Requires Divestiture of Tufts Health Freedom Plan in Order for Harvard Pilgrim and Health Plan Holdings to Proceed With Merger* Divestiture Will Preserve Competition for Commercial Health Insurance in New Hampshire The Department of Justice announced today that it would (...)

The US FTC loses bid to stop Philadelphia hospital merger (Thomas Jefferson University / Albert Einstein Healthcare Network)
Morgan Lewis (Philadelphia)
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Morgan Lewis (Washington)
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Morgan Lewis (Washington)
On December 8, 2020, Judge Gerald Pappert in the US District Court for the Eastern District of Pennsylvania denied a request from the Federal Trade Commission (FTC) and Pennsylvania attorney general (AG) to preliminarily enjoin a proposed merger between Thomas Jefferson University (TJU) and (...)

The US FTC challenges a proposed acquisition of a competitor by a hospital in the healthcare sector (Hackensack Meridian Health / Englewood Healthcare Foundation)
US Federal Trade Commission (FTC) (Washington)
FTC Challenges Hackensack Meridian Health, Inc.’s Proposed Acquisition of Competitor Englewood Healthcare Foundation* New Jersey healthcare system merger would increase price and reduce quality of healthcare. The Federal Trade Commission has filed an administrative complaint, and authorized a (...)

The US FTC approves a prosthetics manufacturer’s application to divest assets it gained through the acquisition of prosthetics company (Otto Bock / Freedom)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Otto Bock HealthCare North America, Inc.’s Application to Divest Assets It Gained through Acquisition of FIH Group Holdings, LLC* Divestiture preserves competition for microprocessor prosthetic knees The Federal Trade Commission has approved an application by prosthetics (...)

The Slovak Competition Authority approves a merger grounded on the acquisition of direct exclusive control in the sector of health care (AGEL SK / Faculty Hospital / Polyclinic Skalica)
Slovak Competition Authority (Bratislava)
Mergers: AMO SR approved the merger of undertakings AGEL SK a.s. and Faculty Hospital with Polyclinic Skalica, a.s.* On 3 November 2020 the Antimonopoly Office of the Slovak Republic, the Division of Concentrations, (hereafter "the Office") approved a merger grounded in the acquisition of (...)

The UK Competition Authority accepts the sale of the firm’s global total ankle replacement business as a remedy to clear the merger of medical suppliers of orthopedic products (Stryker / Wright Medical Group)
United Kingdom’s Competition Authority (CMA) (London)
Medical device supplier resolves CMA concerns* The CMA has accepted a proposal from Stryker to sell its business in the UK total ankle prostheses market to resolve competition concerns. Stryker Corporation (Stryker) and Wright Medical Group N.V. (Wright) both manufacture a range of (...)

The US FTC clears a merger between two medical device companies subject to divestments (Stryker / Wright Medical Group)
US Federal Trade Commission (FTC) (Washington)
FTC Requires Medical Device Companies Stryker Corp. and Wright Medical Group N.V. to Divest Assets to Preserve Competition* The Federal Trade Commission will require medical device companies Stryker Corp. and Wright Medical Group N.V. to divest all assets related to Stryker’s total ankle (...)

The Dutch Competition Authority clears acquisition of parts of a health care provider after transfer of district nursing in two towns (Careyn / Thebe)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM clears acquisition of parts of health care provider Careyn by Thebe after transfer of district nursing in two towns* The Netherlands Authority for Consumers and Markets (ACM) has conditionally cleared health care provider Thebe Wijkverpleging to acquire some of the activities of rival (...)

The US FTC requests public comment on prosthetics manufacturer’s application to approve divestiture of assets it gained during acquisition (Otto Bock / Freedom)
US Federal Trade Commission (FTC) (Washington)
FTC Requests Public Comment on Otto Bock HealthCare North America, Inc.’s Application to Approve Divestiture of Assets It Gained through Acquisition of FIH Group Holdings, LLC* The Federal Trade Commission is currently accepting public comments on an application by prosthetics manufacturer Otto (...)

The Finnish Competition Authority proposes to prohibit a merger between two of the three national healthcare companies (Mehiläinen / Pihlajalinna)
Finnish Competition and Consumer Authority (Helsinki)
The FCCA proposes the Market Court to prohibit the merger between Mehiläinen and Pihlajalinna* On 29 September 2020, Finnish Competition and Consumer Authority (FCCA) has proposed the Market Court to prohibit the merger between Mehiläinen and Pihlajalinna. According to the FCCA’s investigation, (...)

The Finnish Competition Authority proposes prohibition of a three-to-two merger in the healthcare sector (Mehiläinen / Pihlajalinna)
Hannes Snellman (Helsinki)
On 29 September 2020, the Finnish Competition and Consumer Authority ("FCCA") proposed the Market Court to prohibit the merger between Mehiläinen Yhtiöt Oy and Pihlajalinna Oyj. Both companies operate in the healthcare market and provide services to individuals, companies, insurance companies and (...)

The US FTC submits a comment to the Texas Health and Human Services Commission that opposes issuing certificates of public advantage to prevent a merger of two health systems (Hendrick Health System / Shannon Health System)
US Federal Trade Commission (FTC) (Washington)
FTC Staff Submits Public Comment in Texas Opposing Certificate of Public Advantage Applications* The Federal Trade Commission staff submitted a comment to the Texas Health and Human Services Commission that opposes issuing certificates of public advantage (COPAs) to Hendrick Health System and (...)

The French Competition Authority clears the acquisition of a clinic (Doctegestio / UMG-GHM)
French Competition Authority (Paris)
The Autorité de la concurrence clears the acquisition, by the Doctegestio group of the UMG-GHM clinics in Grenoble.* On 17 August 2020, Doctegestio notified the Autorité de la concurrence of its plan to solely take over the UMG-GHM clinics located in the Isère département and in the Rhône-Alpes (...)

The Finnish Market Court extends the time limit for an in-depth investigation of a merger between 2 healthcare companies due to the COVID-19 pandemic (Mehiläinen / Pihlajalinna) Free
Finnish Competition and Consumer Authority (Helsinki)
The time limit for processing the merger of Mehiläinen and Pihlajalinna has been extended until 29 September 2020* The Market Court has extended the processing time limit for the merger of Mehiläinen and Pihlajalinna, which is being investigated by the Finnish Competition and Consumer Agency (...)

The Dutch Competition Authority conditionally clears acquisition of elderly care provider by a rival (Vrijwaard / Omring)
Netherlands Authority for Consumers & Markets (ACM) (The Hague)
ACM conditionally clears acquisition of elderly care provider Vrijwaard by rival provider Omring* The acquisition of elderly care provider Vrijwaard in the northern Dutch city of Den Helder by rival provider Omring has been conditionally cleared. One of the conditions set by the Netherlands (...)

The Mexican Competition Authority fines companies involved in 2 merger cases for failure to notify a concentration (Santander / USB Americas / KKR Rainbow Aggregator / Coty)
Mexican Competition Authority (Mexico City)
COFECE imposed fines in two cases for failure to notify a concentration: Santander and USB Americas; and KKR Rainbow Aggregator and Coty* COFECE fined diverse subsidiaries of Santander, Elavon and USB Americas a total of 2 million 172 thousand Mexican pesos because they modified the (...)

The US DoJ sues to a block merger between a hospital system and an independent community hospital in central Pennsylvania (Geisinger Health / Evangelical Community Hospital)
US Department of Justice (Washington DC)
Justice Department Sues To Block Geisinger Health’s Transaction With Evangelical Community Hospital* Transaction Reduces Hospital Competition in Central Pennsylvania The U.S. Department of Justice sued today to block Geisinger Health’s partial acquisition of its close rival, Evangelical (...)

The EU Commission opens in-depth investigation into the proposed acquisition of a manufacturer of wearable tech devices by a Big Tech company (Fitbit / Google)
European Commission - DG COMP (Brussels)
Mergers: Commission opens in-depth investigation into the proposed acquisition of Fitbit by Google* The European Commission has opened an in-depth investigation to assess the proposed acquisition of Fitbit by Google under the EU Merger Regulation. The Commission is concerned that the proposed (...)

The EU Commission opens in-depth investigation into the proposed acquisition of a producer of wearable tech devices by a Big Tech company on the basis that it would entrench the latter’s market position in the online advertising market (Fitbit / Google)
Allen & Overy (Brussels)
,
Bird & Bird (Brussels)
At the beginning of August, the European Commission opened an in-depth investigation into the acquisition of Fitbit by Google. The transaction was notified to the Commission on 15 June 2020 and Google proposed commitments to address the Commission’s preliminary concerns on 13 July 2020. (...)

The French Competition Authority clears, subject to conditions, the merger of two companies in the chemical pathology sector (Dyomedea-Neolab / Biogroup)
French Competition Authority (Paris)
Chemical pathology laboratories: the Autorité clears, subject to conditions, the take-over of Dyomedea-Neolab Group by Biogroup Group* Parties to the transaction Biogroup Group is active in the chemical pathology sector, with laboratories located at over 550 sites across the country. (...)

The Canadian Competition Authority clears a merger in animal healthcare, subject to structural conditions (Elanco Animal Health / Bayer Animal Health)
Canadian Competition Bureau (Gatineau)
Competition Bureau resolves concerns related to Elanco’s acquisition of Bayer Animal Health* The Competition Bureau announced today that it has entered into a consent agreement with Elanco Animal Health Incorporated (Elanco) to address concerns related to the company’s proposed acquisition of (...)

The Irish Competition Authority lets a merger between laundry businesses serving healthcare providers go into effect after having found they fulfilled all required commitments (Berendsen / Kings Laundry)
Irish Competition Authority (Dublin)
Berendsen/Kings Laundry merger update* On 8 July 2019, the Competition and Consumer Protection Commission (CCPC) cleared, subject to a number of legally binding commitments, the proposed acquisition of sole control of Kings Laundry Limited (Kings Laundry) by Berendsen Ireland Limited (...)

The Austrian Competition Authority files a request for examination with Cartel Court in connection with the merger affecting markets for digital imaging, healthcare IT, and others (Fujifilm / FujiFilm Healthcare)
Austrian Competition Authority (Vienna)
AFCA files request for examination with Cartel Court in connection with the Fujifilm Corporation/FujiFilm Healthcare Corporation merger* AFCA filed request for examination with Cartel Court on 1 July 2020. On 22 May 2020 the Austrian Federal Competition Authority (AFCA) was notified of the (...)

The UK Competition Authority concludes that the merger of two suppliers of medical devices will lead to a reduction of competition (Stryker / Wright Medical Group)
United Kingdom’s Competition Authority (CMA) (London)
Medical device suppliers’ merger raises competition concerns* The CMA has concluded that the merger of 2 suppliers of medical devices could lead to a reduction of competition in the supply of total ankle replacement prosthetics. The Competition and Markets Authority (CMA) is concerned that, (...)

The Mexican Competition Authority conditions the merger between a private investment fund in the health sector and a manufacturer of pipes on removing non-competition clauses from the merger agreement (PTM / Profluent Plastic Technologies)
Mexican Competition Authority (Mexico City)
COFECE conditions concentration between Profluent Plastic Technologies and Plastic Technology de México* In the originally planned transaction, the parties established a non-competition clause which included terms that could potentially affect the process of competition and free market access. (...)

The UK Government introduces measures allowing it to intervene in merger transactions to mitigate the effects of public health emergencies following the COVID-19 pandemic Free
Cleary Gottlieb Steen & Hamilton (London)
,
Cleary Gottlieb Steen & Hamilton (London)
,
Macfarlanes (Brussels)
On 22 June 2020, the UK Government introduced new measures allowing it to intervene in merger transactions “to maintain in the United Kingdom the capability to combat, and to mitigate the effects of, public health emergencies." The Government will be able to intervene on these grounds in any (...)

The Australian Competition Authority releases its statement of issues by expressing preliminary concerns over a proposed acquisition that would entrench an online platform’s dominant position in the supply of data-dependent health services and ad tech services (Fitbit / Google)
Bird & Bird (Sydney)
,
Bird & Bird (Sydney)
On 18 June 2020, the Australian Competition and Consumer Commission (ACCC) released its Statement of Issues in relation to Google LLC’s proposed acquisition of Fitbit, expressing its concerns that the acquisition may further entrench Google’s dominant position in the supply of data-dependent (...)

The Australian Competition Authority releases a statement of issues and opens an investigation into a Big Tech company’s acquisition of a wearable tech manufacturer (Fitbit / Google)
Australian Competition and Consumer Commission (Canberra)
Google’s purchase of Fitbit raises preliminary competition concerns* The ACCC has today outlined preliminary concerns with Google’s proposed acquisition of Fitbit, stating that Google’s access to consumer health data may raise entry barriers, further entrench its dominant position and adversely (...)

The Lithuanian Competition Authority clears joint acquisition of raw materials and recycled plastic company by private equity investment fund and by the European Bank for Reconstruction and Development (Eco Baltia / INVL Baltic Sea Growth Fund / European Bank for Reconstruction and Development)
Lithuanian Competition Authority (Vilnius)
Konkurencijos Taryba Clears Acquisition of Latvian Company Eco Baltia* Konkurencijos taryba cleared the acquisition of 52.81 per cent of the Latvian company Eco Baltia indirectly through BSGF Salvus, and acquisition of joint control of Eco Baltia by the investment fund INVL Baltic Sea Growth (...)

The EU Commission approves, subject to conditions, an acquisition of a global pharma company’s animal health division by an animal health company subject to divestments (Elanco Animal Health / Bayer Animal Health)
European Commission - DG COMP (Brussels)
Mergers: Commission approves acquisition of Bayer’s animal health division by Elanco, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the proposed acquisition of Bayer AGs animal health division by Elanco Animal Health Inc. The decision is (...)

The US FTC clears merger of medical device companies subject to the divestment of one’s myoelectric elbows business to competitors (College Park Industries / Össur Hf)
US Federal Trade Commission (FTC) (Washington)
FTC Approves Final Order Imposing Conditions on Össur Hf’s Acquisition of College Park Industries, Inc.* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Össur Hf’s proposed acquisition of College Park Industries, Inc. would violate (...)

The Californian Government debates a bill that, if passed, would broaden the type of healthcare transactions that require California AG review and approval prior to any acquisition of or affiliation with a healthcare facility or provider
McDermott Will & Emery (Los Angeles)
,
McDermott Will & Emery (Chicago)
California Senate Bill (SB) 977, if passed, would broaden the type of healthcare transactions that require California Attorney General (AG) review and approval. SB 977 would require that a healthcare system, private equity group or hedge fund provide written notice to, and obtain the written (...)

The French Competition Authority clears without commitments a multidisciplinary healthcare group’s takeover of a mental health services group (Sinoué / Orpea)
French Competition Authority (Paris)
The Autorité de la concurrence clears, without commitments, the acquisition of sole control of Sinoué group by Orpea group* On 20 March 2020, the Orpea group notified the Autorité de la concurrence of its plan to acquire sole control of the Sinoué group. Parties to the transaction The Orpea (...)

The US FTC imposes remedies on a proposed merger between two prosthetic limb manufacturers including the divestment of the myoelectric elbow business (College Park Industries / Össur Hf)
US Federal Trade Commission (FTC) (Washington)
FTC Imposes Conditions on Össur Hf’s Acquisition of College Park Industries, Inc.* Conditions to remedy competition loss in the U.S. market for myoelectric elbows Össur Hf and College Park Industries, Inc., both makers of prosthetic limbs, have agreed to divest College Park’s myoelectric elbow (...)

The Portuguese Competition Authority fines a hospital for gun jumping but accepts payment of the fine in multiple installments to avoid negatively affecting the hospital’s operations during the COVID-19 pandemic (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos) Free
Portuguese Competition Authority (Lisbon)
AdC fines Hospital Particular do Algarve for gun-jumping* The AdC fined Hospital Particular do Algarve, SA (HPA) in the total amount of 155,000 euros for acquiring sole control of Hospital de S. Gonçalo de Lagos S.A. (HSGL) without prior notification of the acquisition and, consequently, (...)

The Portuguese Competition Authority allows payment of a gun jumping fine in installments due to the COVID-19 pandemic (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos) Free
Van Bael & Bellis (Brussels)
In September 2019, the Portuguese Competition Authority (“AdC”) imposed a fine of € 155,000 on Hospital Particular do Algarve (“HPA”) for gun-jumping, finding that HPA had acquired sole control of Hospital de São Gonçalo de Lagos without the AdC’s prior approval. The AdC has recently announced that it (...)

The Polish Competition Authority clears a takeover of assets between two parties involved in the production and distribution of personal care products (Cussons / Sarantis)
Bird & Bird (Warsaw)
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Bird & Bird (Warsaw)
In March 2020, the Polish Competition Authority ("UOKiK") announced that in late February 2020 it cleared Sarantis’ takeover of assets belonging to PZ Cussons International and PZ Cussons Polska ("Cussons"). All parties involved produce and distribute personal care products. In fact, the (...)

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 finds a consummated merger between two sellers of prosthetic knees anticompetitive and orders assets to be divested (Otto Bock / Freedom)
Davis Polk (New York)
,
Davis Polk (New York)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On November 6, 2019, the Federal Trade Commission unanimously found that the consummated merger of two sellers of prosthetic knees violated United States (...)

The US FTC orders the unwinding of a merger between two companies supplying prosthetics as they were not HSR-reportable (Otto Bock / Freedom)
Orrick, Herrington & Sutcliffe (Washington DC)
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Orrick, Herrington & Sutcliffe (Washington DC)
The HSR Act requires that parties to certain transactions submit a premerger notification filing to the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC), and then observe a waiting period before closing. Any transaction valued in excess of the HSR threshold – (...)

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)
,
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 unconditionally clears a merger in the healthcare sector (Vivalto Santé / Confluent)
French Competition Authority (Paris)
In the Decision set out below, the Authority has examined the acquisition of sole control of the Confluent group by the Vivalto Santé group. The Confluent Group owns two healthcare facilities located in Nantes, namely the Confluent Private Hospital and the CCS chemotherapy centre located within (...)

The French Competition Authority clears a merger in the healthcare sector without remedies (Vivalto Santé / Confluent)
French Competition Authority (Paris)
In the Decision set out below, the Authority has examined the acquisition of sole control of the Confluent group by the Vivalto Santé group. The Confluent Group owns two healthcare facilities located in Nantes, namely the Confluent Private Hospital and the CCS chemotherapy centre located within (...)

The French Competition Authority opens an in-depth investigation into a merger in the diagnosis and hospital care market (Elsan / Hexagone Santé Méditerranée)
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 defense (Hospital Particular do Algarve / Hospital São Gonçalo de Lagos)
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 Authority clears merger of health insurers (Apollo Munich / HDFC ERGO)
Shardul Amarchand Mangaldas (New Delhi)
,
Shardul Amarchand Mangaldas (New Delhi)
,
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 Irish Competition Authority clears, subject to a divestment remedy, an acquisition between two companies in the rental and maintenance of flat linen to customers in the healthcare and hospitality sectors (Berendsen / Kings Laundry)
Trinity College Dublin
Introduction 1. On 8 July 2019 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared the acquisition by Berendsen Ireland Limited (Berendsen), ultimately controlled by Elis S. A. (Elis), of Kings Laundry Limited (Kings Laundry), subject to a divestment (...)

The EU Commission follows other countries’ antitrust authorities and assesses penalties against an optical products company for structuring a transaction to avoid premerger notification filings and the waiting period requirements (Canon / Toshiba)
Jones Day (Brussels)
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Jones Day (Washington)
,
Jones Day (Brussels)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Antitrust authorities in the United States and European Union have assessed penalties and fines against Canon, and in the United States, Toshiba, for structuring (...)

The US FTC and the Colorado Attorney General file a complaint against a merger between an insurance company and a health services business for resulting in both horizontal and vertical competitive effects (UnitedHealth / DaVita)
US Federal Trade Commission (FTC) (Washington)
,
Axinn Veltrop & Harkrider
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 19, UnitedHealth Group Incorporated (UnitedHealth Group) and DaVita, Inc. (DaVita) agreed to two separate consent agreements to resolve antitrust (...)

The Indian Competition Authority 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)
,
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 Authority authorizes the acquisition of a private hospital subject to behavioral commitments on the quality of the healthcare services (Quirón / 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 Spanish Competition Authority clears a merger in the healthcare industry subject to extensive remedies (Quirón / Clínica Santa Cristina)
Spanish Competition Authority (CNMC) (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 Indian Competition Authority approves merger of multinational companies with non-exclusive consignment selling agency arrangement in OTC and oral healthcare markets (Hindustan Unilever / GlaxoSmithKline)
Vaish Associates Advocates (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)
Giannino SI (Monserrato)
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 the divestment of their horizontally overlapping business in the healthcare sector (CVS / Aetna)
Secretariat Economists (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 Turkish Competition Authority conditionally clears a merger, subject to certain structural commitments, in the design, manufacturing, and distribution of sunglasses and prescription optical glasses (Luxottica / Essilor)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case summary concerns an analysis of the Turkish Competition Board’s (“Board”) Luxottica/Essilor decision, in which the Board evaluated the transaction concerning the merger of Luxottica Group S.p.A. (“Luxottica”) and Essilor International Compagnie Générale d’Optique S.A. (“Essilor”). (...)

The Massachusetts Health Policy Commission identifies significant competitive overlap in a proposed merger of several hospital systems as it would enhance the bargaining leverage with insurers (Beth Israel Lahey Health / Partners HealthCare)
Bates White (Washington)
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Bates White (Washington)
,
Bates White (Washington)
This article has been nominated for the 2020 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. A STRONGER SECOND COMPETITOR? ANALYZING THE COMPETITIVE EFFECTS OF THE BETH ISRAEL LAHEY HEALTH TRANSACTION* I. BACKGROUND Could a merger between rival firms (...)

The Italian Competition Authority opens a second phase inquiry into a merger in the optical sector (Luxottica / Barberini)
Giannino SI (Monserrato)
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 Government Accountability Office publishes the results of its study into the prescription drug industry
Hall Render (Washington)
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Baker Botts (Brussels)
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Gibson Dunn (Washington)
Prior to the year-end holiday season, the United States Government Accountability Office (“GAO”) released the results of its long-awaited study into the prescription drug industry’s “Profits, Research and Development Spending, and Merger and Acquisition Deals.” The report responds to Congressional (...)

The EU Commission clears a merger subject to remedies on the market of medical devices (Bard / BD)
European Commission - DG COMP (Brussels)
Mergers: Commission approves acquisition of Bard by BD, subject to conditions* The European Commission has approved, under the EU Merger Regulation, the acquisition of Bard by BD. Both companies supply medical devices. The decision is conditional on the divestment of BD’s core needle biopsy (...)

The US FTC conditionally clears the transaction between two neurosurgical companies (Integra / Johnson & Johnson)
United Kingdom’s Competition Authority (CMA) (London)
,
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 assessing not only the effects on medical services but also non-medical ancillary services (Médipôle-Partenaires / Elsan)
TotalEnergies (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 Authority 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 (Istanbul)
,
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
“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 the global acquisition of a healthcare antisepsis business (Schulke / ASP Division of Ethicon)
Vaish Associates Advocates (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 conditionally clears a merger in the vascular closure devices market (Abbott Laboratories / St Jude Medical)
Hogan Lovells (Beijing)
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University of Melbourne
,
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 Irish Competition Authority clears a merger subject to two behavioral remedies in the private technologically advanced hospitals market (Bon Secours / Barringtons)
Trinity College Dublin
Introduction 1. On 21 December 2016 the Competition and Consumer Protection Commission (CCPC), Ireland’s competition agency, cleared, after an extended Phase I, the acquisition whereby Bon Secours Health System Company Limited by Guarantee (Bon Secours) would acquire sole control of Barringtons (...)

The Chinese MOFCOM rules that a foreign-to-foreign deal "jumped the gun" in breach of antitrust rules (Canon / Toshiba)
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 Chinese MOFCOM fines a merger in the medical imaging market for gun jumping (Canon / Toshiba)
University of Melbourne
,
University of Melbourne
,
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 fines an imaging and optical products manufacturer for failure to notify its acquisition of a company active in the medical equipment sector (Canon / Toshiba)
Fangda Partners (Hong Kong)
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Freshfields Bruckhaus Deringer (Beijing)
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Freshfields Bruckhaus Deringer (London)
On 16 December 2016, China’s Ministry of Commerce (MOFCOM) published its decision to fine Canon Inc. (Canon) for failure to notify its acquisition of Toshiba Medical Systems Corporation (TMSC) under the Anti-Monopoly Law (the AML). The decision is an important development for two key reasons: (...)

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 a healthcare conglomerate’s three companies into two companies with clearer business verticals (Fortis Healthcare / Fortis Malar Hospital / SRL)
Vaish Associates Advocates (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)
United Kingdom’s 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 analyze 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)
European Commission - 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 Authority clears the first otherwise anticompetitive merger using the failing firm defense (Baxter / Fannin)
Trinity College Dublin
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 Irish Competition Authority 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 (...)