ESKARIAM defends the interests of public administrations that, between 1996 and 2013, financed absorbent products for severe urinary incontinence in adults, called “AIO”, for dispensing through the pharmacy channel.
The Cartel was confirmed by Resolution dated 26/05/2016 (File S/0504/14 AIO) issued by the Competition Chamber of the Council of the Spanish National Markets and Competition Commission (CNMC). The CNMC confirmed that the Spanish Federation of Health Technology Companies (FENIN) and the main companies in the sector performed restrictive competition practises, violating Article 1 of the Defence of Competition regulations and Article 101 EU Treaty.
The Cartel consisted of a series of illicit agreements adopted by manufacturers belonging to FENIN’s AIO working group (GTAIO), with the purpose of maintaining the dispensation of AIOs financed by the National Health Service in the pharmacy channel to the detriment of the institutional channel, which is much more economical for the administration. According to the CNMC itself, public administrations have paid premiums of at least 45%.
The sanctioned illicit actions included agreements to fix prices, commercial and dispensing conditions in the Spanish market.
According to the final CNMC Resolution, the so-called Nappy Cartel involved the Spanish Federation of Health Technology Companies (FENIN); Arbora & Ausonia, S.L.U., Procter & Gamble España, S.A.; The Procter & Gamble Company; Laboratorios Indas, S.A.U; Domtar Lux Holdings, S.A.R.L.; S.C.A. Hygiene Products, S.L.; S.C.A. Group Holding, B.V.; Laboratorios Hartmann, S.A.; Paul Hartmann España, S.L.U.; Ontex Peninsular, S.A.U.; Ontex ID, S.A.U.; Ontex Es Holdco, S.A.; Barna Import Médica, S.A.; Textil Planas Oliveras, S.A.; and Algodones del Bages, S.A.U.
