On 23 September 2004, Oxycure submitted a complaint against Air Products, Medigaz and any other Belgian company producing oxygen, alleging that these companies collectively refused to supply Oxycure, thus preventing it from developing its business as distributor of oxygen for medical applications. Although declared admissible, the complaint was considered unfounded by the College of Prosecutors in its decision of 17 November 2010 (for a summary of the Prosecutor’s report see Belgian Competition and Regulatory Report 2011/Q1). The decision held that even though the defendant companies indeed behaved in a parallel fashion, in that none of them did business with Oxycure, that parallelism was attributable to (previous) business conduct of Oxycure and could not be seen as evidence of a concerted practice by the defendant companies. Oxycure appealed the dismissal decision to the Competition Council but withdrew the appeal by means of a letter on 18 April 2011. On 29 April, the Competition Council confirmed the withdrawal and the case was closed.