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JFTC renders recommendation to participants in bids for clinical laboratory test called by national/public hospitals

February 13/2003
Japan Fair Trade Commission

As for bidding called by national/public hospitals in Tokyo/Nagoya/Osaka/Fukuoka areas for a clinical laboratory test, the following participants received FTC recommendation in violation of Section 3 [unreasonable restraint of trade] of the Antimonopoly Act. (See a separate recommendation note in Japanese text format.)

1 Parties concerned

Tokyo Nagoya Osaka Fukuoka
    6 Corp. 9 Corp. 8 Corp. 5 Corp.
1 SRL, Inc. O O O O
2 BML, Inc. O O O O
3 Mitsubishi Kagaku Bio-Clinical Laboratories, Inc. O O O O
4 Sumitomo Bio Science O O O O
5 Otsuka Pharmaceutical Co., Ltd. O O O O
6 Shionogi & Co., Ltd. O O O  
7 FALCO biosystems Ltd.   O O  
8 Life Information Analysis Center Inc.   O    
9 Handa-City Medical Association   O    
10 K.K. Osaka Serum Microbe Laboratory     O  

 Otsuka and Shionogi discontinued a clinical laboratory test.A clinical laboratory test means a diagnosis of blood/cell/urine specimens.

2 Outline of violation

 The above participants colluded in rigging bids through public competitive bidding or private competitive bidding process.Charges that were related to a conspiracy to rig and allocate bids to predetermined winning bidders resulted in a substantial lessening of competition in the marketplace to the detriment of the public interest.

3 Cease and desist order

(1) The above participants were enjoined to cease the above act.

(2) The above participants were obliged to notify the hospitals of their intention to avoid recurrence of similar acts as well as countermeasures taken. All employees/staff should be fully admonished against misconduct.

(3) Furthermore, the above participants (excluding those who suspended clinical laboratory tests) were condemned never to conspire or commit a similar fraud in the future.

(4) Those who suspended clinical laboratory tests were obliged to notify the hospitals of their remedial actions.

4 The due date for acceptance of recommendation: 27 February 2003 Recommendation/decision if accepted, or otherwise,proceed to initiate hearings

*Every announcement is tentative translation. Please refer to the original text written in Japanese.

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