The Portuguese Competition Authority (AdC or Authority) received several complaints referring to a coordination behaviour carried out by the health companies identified above within the scope of negotiations with the Instituto Público de Gestão Participada (ADSE), regarding its price list and applicable rules, as well as within the settlement process of 2015 and 2016 ADSE invoices, through and with the participation of Associação Portuguesa de Hospitalização Privada.
According to such complaints, the agreement/concerted practice at stake covered the entire national territory.
The AdC opened proceedings in March, 14, 2019 against Associação Portuguesa de Hospitalização Privada, G.T.S - Grupo Trofa Saúde, SGPS, S.A., Hospital Privado da Trofa, S. A., Hospital Particular do Algarve, S.A., José de Mello Capital, S.A., CUF, S.A., Lusíadas, SGPS, S.A., Lusíadas, S.A. and Luz Saúde, S.A..
The AdC carried out dawn raids and requested information from the parties and from third parties.
In July, 29, 2021, the Authority closed the investigation phase with the adoption of a Statement of Objections to all the parties identified above.
All parties presented their Comments to the Statement of Objections. Some of the parties requested the interrogation of some witnesses. The AdC carried out those interrogations between November and December 2021.
After assessing all the facts, the AdC concluded the following:
The health companies coordinated their behaviours in the scope of the negotiations with ADSE, regarding its price list and applicable rules, at least between 2014 (in 2015, in the case of HPA) and 2019, as well as within the process of settlement of the ADSE 2015 and 2016 invoices, mainly through and with the participation of APHP;
Such behaviour took place in the market for the contracting of private hospital healthcare services by health sub-systems/insurers in Portugal; Additionally, and following the ADSE's decision, in 2018, to proceed with the conclusion of its 2015 and 2016 invoices settlement, the parties, in a joint and coordinated manner, suspended and/or threatened to terminate the agreements with ADSE, decisively conditioning the course of the negotiations with ADSE.
Such behaviours constitute an agreement or a concerted practice, for the purposes of a) and b), article 9(1) of Law n.º 19/2012, May 8, with the object of preventing, distorting or appreciably restricting competition.
The behaviour adopted by the parties fulfils all the elements of an agreement or concerted practice prohibited under article 9(1) of Law nº. 19/2012 and is therefore illegal.
In light of the above, in June, 30, 2022, the AdC adopted a Final Decision against the above mentioned parties for the practice of an agreement or concerted practice setting the above mentioned fines for each of the party involved.
The Final Decision may be appealed.