Case details

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Anticompetitive practices
Case reference
PRC/2003/6
Entities involved
  • Abbott Laborários, Lda.
  • BAYER Diagnostics Europe, Lda.
  • Bayer Portugal, SA
  • Johnson & Johnson
  • Menarini Diagnósticos - Material de Laboratório, Lda.
  • Roche Farmacêutica Química, Lda
Natural persons involved
No
Sector
  • Health & Pharmaceutical
  • Public Procurement 
Activity (NACE)
  • C212 - Manufacture of pharmaceutical preparations
Investigated practice
  • Horizontal agreement
Legal provisions
  • National-Law 18/2003-Article 4
Case origin
Entity
Dawn raids
No
Cooperation with sector regulators
  • ERS - Health Regulatory Entity
Status
Closed
AdC’s decision
Sanctioning decision
Settlement
Sanction imposed
  • Abbott Laborários, Lda. - €658,413.22
  • BAYER Diagnostics Europe, Lda. - €658,413.22
  • Bayer Portugal, SA - €658,413.22
  • Johnson & Johnson - €658,413.22
  • Menarini Diagnósticos - Material de Laboratório, Lda. - €658,413.22
  • Roche Farmacêutica Química, Lda - €658,413.22
Summary of the case

The case originated in a complaint from the Coimbra Hospital Centre, following the decision to cancel a public tender for the acquisition of reagent strips for determining glucose levels, on the grounds that the prices proposed by five competing companies were the same.

The AdC opened an enquiry, in the scope of which it was found that a concerted practice had taken place, with accusations being made against the companies involved.

In the final condemnatory decision, handed down on 28.12.2004, the AdC concluded that the companies, by having committed a concerted practice, with the object of fixing uniform prices in a public tender, in which they were all competitors, infringed the provisions of article 4 of Law 18/2003, of 11 June, imposing a fine of €658,413.00 for each defendant.

Timeline
2005-01-11
2004-12-28
2004-09-10
Statement of objections
2003-12-04
Case initiation
Judicial phase chronology - Final decision appeal
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