The National Commission for the Defense of Competition (CNDC) has recommended to the Secretariat of Industry and Commerce (SIyC) the imposition of sanctioning measures, including a fine, against the Austral Association of Anesthesia, Analgesia, and Resuscitation following an investigation for abuse of dominant position.
The actions were initiated in August 2017 following a complaint from the Social Work of Employees of Commerce and Civil Activities (OSECAC) against the association, which represents more than 90% of anesthesiologists in Chubut. The Association acted as an intermediary in the negotiation of contracts with health fund administrators, charging fees for professional services.
The CNDC found that the association imposed exclusionary clauses in its Bylaws, which constituted an abuse of dominant position and harmed the general economic interest. These clauses restricted the hiring of anesthesiologists by health fund administrators independently of the Austral Association of Anesthesia.
The opinion issued by the CNDC on May 8, 2024, recommends imposing a significant fine on the association and orders the immediate cessation of the anti-competitive behavior.
