The CNC has levied aggregate fines of €7,045,000 on four healthcare waste management operators, Consenur, Cespa, Interlun and Sistemas Integrales Sanitarios, for dividing up the market of public sector healthcare providers.
The CNC, acting on the proposal made by the Investigations Division, has ruled that a violation of article 1.1(c) of Competition Act 16/1989 of 17 July 1989 has been proven to exist, with the attendant liability resting with Consenur, S.A., Cespa Gestion De Residuos, S.A., Interlun S.L. and Sistemas Integrales Sanitarios SIS, for having formed a trust to divide up public sector healthcare tenders in a large part of the country for several years. The Council has also declared Cespa responsible for another infringement of competition law involving maintenance and application of an unlawful no-competition agreement.
The Council Resolution, handed down on 18 January 2010, resolves case S/0014/07 brought by the CNC Investigations Division in February of 2008. The companies now sanctioned, most particularly Consenur and Cespa, the two largest operators in the healthcare waste management sector, have been engaged in this conduct as far back as 1997 at the least. The probe has demonstrated that public sector clients were shared by coordinating the presentation of bids in the various tenders called by healthcare authorities in different regions, either through the creation of temporary joint ventures known as UTEs, when it was technically and economically feasible for the main companies to compete against each other, or through other arrangements, such as abstaining from participating in certain tenders, submitting uncompetitive bids or agreeing the terms of the bids that were to be presented.
18 January 2010