“We were surprised by the decision of the Competition Council, especially since we provided solid and transparent arguments throughout the investigation and hearing based on the respecting of legal framework practices which Fresenius Medical Care Romania applied at the time and which it promotes permanently,” said Alexandru Ciolan, the company’s General Manager.

Fresenius is accused of having reached an agreement with Alsifcom Intermed and Opremi Medfarm to participate in national dialysis program auctions organized by the Ministry of Health and the National Health Insurance House (CNAS) in 2003 with fake offers. Alsifcom Intermed Cluj was fined RON 212,000 (€55,000), while Opremi Medfarm’s fine amounted to RON 288,000 (€75,000). The Cluj company filed for bankruptcy last year, with the liquidator the Casa de insolventa Transilvania. Opremi Medfarm, a Craiova company, is a Fresensius subcontractor, which did not have direct access to the auction, because the tender book required participants to have turnover exceeding €2 mln.

The Competition Council found that even the Ministry of Public Health had broken the law, because it did not organize annual auctions from 2004-2006 for the dialysis program, which impacted on the competitive environment.

Fresenius Medical Care is local market dialysis service leader and sells both dialysis equipment and services through two private clinics it runs in Bucharest and Iasi.

Some 7,000 persons are on dialysis in Romania, which requires a treatment of three weekly visits to the center. There are presently 72 dialysis centers, of which ten are private.