The Commission for Protection of Competition established abuse of dominant position, committed by "Dr. Bratan Shukerov multiprofile hospital for active treatment" AD

By Decision No. 1205/09.12.2021 delivered under case No. КЗК-366/2020, the CPC found that "Dr. Bratan Shukerov multiprofile hospital for active treatment" AD committed an abuse of dominant position by unjustified refusal to provide a service to the Medical Center "SMOLYANI" - Outpatient Clinic for Specialized Outpatient Medical Care Ltd. (MC "SMOLYANI - ASIMP" Ltd.) in order to hinder its business activities.

The proceedings before the CPC have been initiated upon formal request from the affected competing health care facility in connection with the refusal of the respondent party to enter into contracts for the provision of medical services for diagnostic imaging. Based on the evidence, collected in the proceedings, the Commission found that the defendant is the only undertaking in the market of providing services for “access to equipment, facilities and specialists for performing X-ray scopy and graphy“ to other health care facilities in the city of Smolyan.

These services are absolute preconditions for carrying out activity by the applicant in the vertically connected markets for the provision of health services in clinical pathways and outpatient procedures under a contract with the National health insurance fund (NHIF).

The analysed behaviour of "Dr. Bratan Shukerov" AD leads to the exclusion of a potential competitor from the affected market. Thus, it affects the consumer interests, by limiting their access to medical services, which could have dangerous consequences for their health.

With the Decision the Commission imposed an obligation on the respondent party to prepare and propose a draft contract for the provision of services on fair terms and at a market price. Within the specified period "Dr. Bratan Shukerov" AD have to notify the Commission on the fulfilment of the obligation. The imposed behavioural measure is subject to immediate enforcement.

On the basis of article 64, (1) LPC The decision of the Commission may be appealed before Administrative Court – Sofia Region in respect of his conformity with the law by the parties to the proceedings or by any third person that has legal interest. Decisions shall be appealed within a term of 14 days, which shall start as of their notification in accordance with the procedure laid down in the Code of Administrative Procedure, and in respect of third parties – as of the date of its publication in the electronic register of the Commission.

The full text of the Decision is available in the public electronic register of the CPC at http://reg.cpc.bg.