| Comment Number: | 537778-00016 |
| Received: | 10/2/2008 6:15:34 PM |
| Organization: | Competition Court of the Basque Country (Spain) |
| Commenter: | Javier Berasategi |
| State: | Outside the United States |
| Agency: | Federal Trade Commission |
| Rule: | Emerging Health Care Competition and Consumer Issues |
| Attachments: | 537778-00016.pdf Download Adobe Reader |
Comments:
Dear Sirs, I would like to draw your attention to a ruling of the Competition Court of the Basque Country, the administrative authority competent to enforce Spanish competition laws in the Basque region. This ruling deals with the antitrust implications of a MFN clause imposed by a dental plan provider on dentists that agree to offer their services to the plan's beneficiaries. This ruling may be of interest to US antitrust enforcers/scholars in various respects: - It refers to studies of the national dental care markets of some EU countries and deals comprehensively with the Spanish dental care market. - It is possibly the first case in the EU in which a MFN clause is the object of an antitrust ruling. - It deals with the economic theories of price discrimination - It draws extensively on US antitrust theories and case law. I would be glad to answer any questions you may have on this ruling. Yours faithfully, Javier Berasategi Chairman Competition Court of the Basque Country jberasategi@tvdc.es T. + 34 945 01 90 00 M. +34 688670128 F. +34 945 01 89 65