ALCON PHARMACEUTIC IMPOSED MIXTURE OF A PARTICULAR PRODUCER UPON A MEDICAL CLINIC

Actions of “Alcon Pharmaceutica” could have restricted competition on the market of gas mixtures used to operate excimer lasers

The Federal Antimonopoly Service issued a warning to “Alcon Pharmaceutica” Ltd. to stop actions (omissions) that have signs of breaching the antimonopoly law.

For instance, providing post-warranty maintenance of the excimer laser in Moscow Eye Clinic, the company was imposing gas mixture made by “Linde Group”.  At the same time, “Alcon Pharmaceutica” Ltd., having exclusive access to excimer laser maintenance refused to provide technical support to the medical facility if gas mixture of other producers was used.

“Alcon Pharmaceutica”Ltd. supplies, repairs and provides maintenance of Alcon-made Allegretto Wave Eye-Q excimer lasers used in ophthalmology.

The deadline for executing the warning is 6 December 2019¹.

Deputy Head of FAS Department for Control over Social Sphere and Trade, Maxim Degtyaryov pointed out: “Having access passwords, the medical product manufacturer not only monopolises the market of product maintenance but also dictates its own rules on the adjacent markets, in this case on the market of gas mixtures for excimer lasers. Under the warning, “Alcon Pharmaceutica” must provide post-warranty maintenance of the excimer laser with use of gas mixture from any producer or transfer the access codes to the clinic for a special service regime of the excimer laser”.

Reference:

¹ According to Part 8 Article 391 of the Federal Law “On Protection of Competition”, in case of failure to executive a warning within the designated period if there are signs of violating the antimonopoly law, the antimonopoly body must make a decision on opening an antimonopoly case within ten working days upon expiry of the deadline set to execute the warning.