Surgical Instrument Service Co. Seeks Revival of Antitrust Suit Against Intuitive Surgical

In a filing submitted Wednesday, SIS argued that the lower court wrongly dismissed its claims by imposing legal standards that should only apply when there is meaningful competition in the primary market — a condition SIS says does not exist in this case. Per Bloomberg, SIS contends that Intuitive maintains a “near-total monopoly” over robotic surgery platforms, giving it undue control over associated instruments and repair services.

SIS originally filed its antitrust lawsuit in 2021, accusing Intuitive of violating the Sherman Act through tactics such as tying, exclusive dealing, and both attempted and actual monopolization. The company claims Intuitive forces hospitals to use its own tools and services for robotic systems like the da Vinci Surgical System, stifling independent service providers.

Read more: Intuitive Wins Antitrust Case Against Surgical Instrument Service Co

According to Bloomberg, the dispute hinges on whether the absence of a competitive “foremarket” — the initial platform or product — changes the standard needed to prove anticompetitive behavior in aftermarket services. SIS maintains that because Intuitive faces virtually no competition in the robotic surgery space, traditional antitrust standards should be applied differently.

The case is now in the hands of the Ninth Circuit, which will determine whether SIS’s allegations merit further judicial review.

Source: Bloomberg