Case details

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Anticompetitive practices
Case reference
PRC/2006/13
Entities involved
  • Baxter - Médico-Farmacêutica, Lda
  • Glintt - Business Solutions, Lda
Natural persons involved
No
Sector
  • Health & Pharmaceutical
  • Trade and Services
Activity (NACE)
  • G46 - Wholesale trade (include commission trade), except of motor vehicles and motorcycles
Investigated practice
  • Horizontal agreement
Legal provisions
  • European-TFEU-Article 101
  • National-Law 18/2003-Article 4
Case origin
Complaint
Dawn raids
No
Cooperation with sector regulators
  • ERS - Health Regulatory Entity
Status
Closed
AdC’s decision
Sanctioning decision
Settlement
Sanction imposed
  • Baxter - Médico-Farmacêutica, Lda - €145,286.77
  • Glintt - Business Solutions, Lda - €385,471.24
Summary of the case

The present process was opened by an AdC Council Order, on 12.10.2006, having underlying the complaint of Hospital Padre Américo -Vale do Sousa, EPE. Baxter and Glintt fixed resale prices, a practice forbidden by article 4, no. 1 of Law nr. 18/2003.On 10.12.2010 the AdC Board issued a condemnatory decision as it concluded that the conclusion, and the execution, by both Defendants, of a contract which includes vertical restraints, namely the fixing of resale prices, is forbidden under article 4, no. 1, of Law nr. 18/2003, as well as article 101 of the TFEU. Fines imposed: Baxter - Médico Farmacêutica, Lda.€145,296.77 and Glintt - Business Solutions, Lda. €385,471.24

Timeline
Judicial phase chronology - Final decision appeal
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