The Commission for Protection of Competition established abuse of dominant position, committed by "Dr. G. Stranski university multiprofile hospital for active treatment" EAD

By Decision No 1204/09.12.2021 delivered under case No. КЗК-288/2020, the CPC found that "Dr. G. Stranski university multiprofile hospital for active treatment" EAD committed an abuse of dominant position by unjustified refusal to enter into a contract for the provision of services by a nuclear medical laboratory, which impedes the participation of medical establishments in the markets for diagnosis and treatment of pulmonary thromboembolism without fibrinolytics and for diagnosis and treatment of pulmonary thromboembolism with a fibrinolytic.

The proceedings before the CPC have been initiated upon formal request from the affected competing medical establishment in connection with the refusal of the respondent party to enter into contract for the provision of services by a nuclear medical laboratory. Based on the evidence, collected in the proceedings, the Commission found that the defendant is the only undertaking in the market of providing access to medical institutions to medical services from a nuclear medical laboratory on the territory of the Pleven region.

These services are absolute preconditions for carrying out activity by the applicant in the vertically connected markets for diagnosis and treatment of pulmonary thromboembolism without fibrinolytics and for diagnosis and treatment of pulmonary thromboembolism with a fibrinolytic in clinical pathways under a contract with the National health insurance fund (NHIF).

The analysed behaviour of "Dr. G. Stranski university multiprofile hospital for active treatment" EAD leads to the exclusion of competitors from the affected market. Thus, it affects the consumer interests, who are at risk of not receiving adequate treatment and care to the point of endangering their lives.

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.