Price fixing among a group of private ophthalmologists has resulted in a £500,000 fine for infringement of Competition and Markets Authority rules.
The CMA has issued the infringement decision following the investigation of the Consultant Eye Surgeons Partnership (CESP) Ltd which had admitted to breaking the law and agreed to pay the fine. This has been reduced to £382,500 in recognition of CESP’s cooperation and the reduced costs as a result. CESP has also agreed to a competition compliance programme.
CESP, which represents 37 limited liability partnerships and 200 consultant members, admitted to competition law infringements between September 2008 and May 2015. These included recommending that members refuse to accept lower fees offered by an insurer and that self-pay fees were higher. Members were circulated with detailed price lists for ophthalmic procedures such as cataract surgery to be used with insurers. These collectively set lower prices did not pass on lower local costs and made it harder for insurers and patients to obtain lower fees. Plans for future pricing intentions were also circulated.
The CMA welcomed CESP’s adoption of a comprehensive compliance programme which is send would prevent further breaches and set a good example for other medical professions.
Ann Pope, CMA senior director of antitrust enforcement said: ‘Today’s decision demonstrates the CMA’s willingness to pursue anti-competitive activity across a wide range of markets, including regulated and specialist sectors.’