International Top 30 position: 4

The allegedly unfair behaviour of a competitor does not justify exclusionary practices against it

Cegedim, in a dominant position on the market of medical information databases intended for pharmaceutical laboratories, was heavily sanctioned by the French Competition Authority on 8 July 2014 for having implemented discriminatory practices against its competitor on the related market of client management software use for the pharmaceutical industry.

In this case, Cegedim was refusing to sell its database, called ‘One Key’, to laboratories using the management software commercialised by Euris, whereas it agreed to sell the database in question to those using competing software. This refusal was justified by the existence of a dispute for infringement initiated against Euris.

Following a complaint lodged by Euris, the authority first examined whether One Key was an essential infrastructure whose access should be granted to a competitor’s clients…

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