Portugal Fines Hospital Particular do Algarve For Gun-Jumping

The AdC fined Hospital Particular do Algarve, SA (HPA) in the total amount of 155,000 euros for acquiring sole control of Hospital de S. Gonçalo de Lagos S.A. (HSGL) without prior notification of the acquisition and, consequently, without obtaining approval from the antitrust entity (gun-jumping).

Given that the sanction involves a company in the health sector, the AdC accepted the payment of the fine in several instalments in order to avoid any impact on the provision the company’s services, at a time when the country faces the coronavirus pandemic. In this manner, The AdC maintains the continuity of competition enforcement in the country, with a sense of responsibility and orientation towards the common good.

The merger should have been previously notified to the AdC. Due to the merger, Grupo Hospital Particular do Algarve created or reinforced a 50% or greater share in the market of hospital health care by private units in the Algarve region.

The opening of this investigation took place in September 2019 and, during the proceedings, the undertaking submitted to the AdC a settlement proposal, having confessed the facts and assumed responsibility for their practice.

After the detection, by the AdC, of the infringement, the company proceeded to voluntarily notify the merger, which was cleared in September 2019.

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