On Monday 16 February, the European Commission decided to close its antitrust investigation into alleged anti-competitive behaviour by Edwards Lifesciences, a US manufacturer of medical devices for cardiovascular applications.
The closure of the investigation follows the company’s withdrawal of its Global Unilateral Pro-Innovation (Anti-Copycatting) Policy (UPIP). This policy is therefore no longer applicable and has been removed from the company’s website.
In September 2023, the Commission carried out unannounced inspections at Edwards Lifesciences’ premises in the European Union. The purpose of these investigations was to determine whether the company’s behaviour infringed EU competition rules, which prohibit the abuse of a dominant position.
In particular, the Commission examined whether Edwards Lifesciences was able, through UPIP, to restrict the freedom of physicians to participate in clinical trials and other scientific and educational activities sponsored or supported by a competing manufacturer of transcatheter aortic valve implantation devices. By limiting this competitor’s access to services essential to medical device research (such as contributions from these doctors), Edwards Lifesciences could have hindered the introduction of competing products into the European Economic Area market.
After assessing all the evidence gathered and in light of UPIP’s withdrawal, the Commission concluded that the concerns examined had been addressed and that adopting new measures was no longer considered a priority at EU level.
Further details: https://aeur.eu/f/kqw (Original version in French by Lionel Changeur)