Cyriel Ruers was interviewed by Global Competition Review (GCR) about three new investigations by the Dutch Authority for Consumers and Markets (ACM) into possible excessive pricing and forced bundling in the pharmaceutical sector.
The ACM has requested information from three pharmaceutical companies after receiving various signals indicating anti-competitive practices. The investigation focuses, among other things, on excessive pricing and the conditions under which products and services are sold. The ACM has picked up signals that healthcare providers are faced with unreasonable conditions when purchasing products and services and some services being offered only in a bundle.
These new investigations are part of a clear enforcement trend. In recent years, the ACM repeatedly investigated excessive drug prices and imposed a EUR 19.5 million fine on Leadiant in 2021. Diederik Schrijvershof was interviewed about this earlier by Dutch newspaper NRC.
GCR asked Cyriel Ruers how this fits into the ACM's track record in terms of enforcing abuse of a dominance infringements:
“Maverick Advocaten partner Cyriel Ruers in Amsterdam echoed the view that the ACM’s “track record” in abuse of dominance cases has not been particularly strong over the last decade. In June 2021, for example, the Trade and Industry Appeals Tribunal confirmed the dismissal of the ACM’s highest-ever abuse of dominance fine because the agency failed to prove that the company it sanctioned was actually dominant. However, these court losses have clearly not stopped the watchdog from pursuing abuses of dominance in the healthcare sector, Ruers added.”
The ACM is focusing more and more on other areas of healthcare as well. Last December, for example, the ACM announced that it has launched an investigation into attempts by trade associations in the healthcare sector to influence the individual negotiations between health care providers and health insurers. In the Dutch Financial Times (FD), Diederik Schrijvershof shared the observation that the ACM sets its sights exclusively on health care providers and leaves health insurers untouched.
The full article by GCR can be read here.
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