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Complaint against Maersk Medical A/S rejected by the Competition Council

17. december 2003

Journal nr.3/1120-0100-0574/SKN/SEK The Council meeting 17. December 2003

In March 2000, Kirudan A/S – wholesaler of hospital and health care products – filed a complaint against Maersk Medical A/S (today Unomedical A/S) – producer of e.g. catheters and drainage bags.

Before 2000, Maersk Medical mainly sold its products through wholesalers. Late 1999, Maersk Medical reorganized its distribution and took over sales to the hospitals leaving the primary health sector to the wholesalers.

Kirudan clamed that Maersk Medical had infringed the Danish Competition Act by deliberately delaying orders and in some cases refusing to deliver certain products. Furthermore, Maersk Medical was clamed to have increased prices unreasonably and dividing the market of e.g. urine drainage bags.

The Competition Council found that the relevant markets were the markets for urine drainage bags and suction catheters in EU and EEC.

Maersk Medical did not hold a dominant position in these markets. Consequently, the undertaking could not abuse such a position. As the complaint did not contain any circumstances that could be viewed under other sections of the Act, including the prohibition of anti-competitive agreements, the entire complaint was rejected.

Kirudan has appealed the decision to the Competition Appeals Tribunal.