Competition Council Fines Medical Equipment Companies €1.27 Million for Anti-Competitive Practices

Romania's competition authority has fined five medical equipment companies a total of 1.27 million euros for anti-competitive practices in the Romanian medical imaging equipment market. The sanctions target Italy's Esaote SpA, Esaote Europe BV of the Netherlands, Romanian firm DTL Medical SRL, Germany's Camed Medical Systems GmbH, and BMS Ultraschall, also of Germany.

The competition authority's investigation revealed that these companies had colluded to restrict the sale of Esaote-branded medical imaging equipment on Romanian territory. Between 2020 and 2022, the companies entered into contracts and adopted practices that restricted parallel sales both into and out of Romania, effectively isolating the national market from the broader European market.

Impact on the Romanian healthcare system

Through formal agreements concluded with distributors, the suppliers restricted distributors from accepting orders from other territories. As a result, the German companies were unable to sell equipment to Romanian customers upon request, while the Romanian distributor was barred from selling to customers outside Romania.

This anti-competitive practice had the effect of limiting competition, particularly with regard to the pricing of medical imaging equipment. Romania was effectively cut off from the rest of the European internal market, with competition for Esaote equipment severely curtailed.

Consequences for hospitals and patients

The authorities stress that such arrangements can directly affect public sector clients — such as hospitals — by reducing their access to more competitive offers and pricing for essential medical equipment. This situation has an indirect impact on the quality of healthcare services provided to patients, including elderly people who frequently require medical imaging investigations.

Medical imaging equipment, such as ultrasound and magnetic resonance imaging systems, is crucial for diagnosing and monitoring conditions common among older people, including cardiovascular, neurological, and oncological disorders.

The rulings of the Consiliul Concurenței (Competition Council) are enforceable, and the fines imposed constitute revenue for the state budget. The Agenția Națională de Administrare Fiscală (National Agency for Fiscal Administration, ANAF) will implement the sanctioning decision and enforce fines totalling 6.42 million RON.