3 Aprile 2018

Medical diagnostic devices: the Italian Competition Authority opens new proceedings for abuse of a dominant position

On 19 February 2018, the Italian Competition Authority (“ICA”) opened proceedings against three major manufacturers of medical diagnostic imaging (or high technology) devices, i.e. GE Medical Systems Italia S.p.A., Siemens Healthcare S.r.l., and Philips S.p.A. and their respective parent companies (the “Parties”) to verify the existence of possible exclusionary conduct in breach of Article 102 TFEU. According to the ICA, that conduct includes the recent introduction by the Parties of security software and related codes/passwords/access keys on their medical devices, as well as the alleged refusal to provide access to necessary maintenance elements, such as the refusal to provide access to management software and service handbooks and to grant security service keys. As a result, third party maintenance service providers were hindered in the provision of their services on the Parties’ devices. The proceedings will be completed on 30 April 2019.