Case details

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Anticompetitive practices
Case reference
PRC/2005/7
Entities involved
  • Ordem dos Médicos
Natural persons involved
No
Sector
  • Health & Pharmaceutical
  • Liberal Professions
Activity (NACE)
  • S94 - Activities of membership organisations
Investigated practice
  • Decision of association of undertakings
Legal provisions
  • European-EC Treaty-Article 81
  • National-Law 18/2003-Article 4
Case origin
Ex-officio
Dawn raids
No
Cooperation with sector regulators
  • ERS - Health Regulatory Entity
Status
Closed
AdC’s decision
Sanctioning decision
Settlement
Sanction imposed
  • Ordem dos Médicos - €250,000.00
Summary of the case

The infringemenet proceeding PRC 2005/07 was initiated by the Competition Authority Board on 3.03.2005, regarding a possible breach of Article 4 of Law 18/2003, of 11 June and of Article 81 of the EC Treaty (now Article 101 of the TFEU).

In this investigation the practices adopted by the Portuguese Medical Association were analysed, which could constitute a decision of association of undertakings. At issue in this process were some articles of the Code of Ethics and the Regulation of Reports and the Nomenclature Code, which established the criteria for determining fees for medical acts practiced by doctors in a liberal regime, setting minimum and maximum values per medical act

On 26.05.2006 the Competition Authority Board adopted a condemnatory decision imposing a fine of 250,000 euros

The decision of the Competition Authority was challenged in court and confirmed, having become res judicata.

Timeline
2006-05-31
2006-05-26
2005-03-03
Case initiation
Judicial phase chronology - Final decision appeal
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