3B Medical Inc has filed a legal action in the United States District Court for the Middle District of Florida alleging antitrust violations by ResMed, according to a 3B news release.
3B Medical filed the action against ResMed alleging numerous antitrust violations of the Sherman and Clayton Acts through the use of exclusive contracts monopolization, unlawful tying, and tortious interference, according to 3B.
The complaint alleges that ResMed is “choosing winners and losers in the CMS competitive bidding process by preferential pricing,” has “created an environment of fear and bullying among customers,” and “intentionally interfered in 3B Medical’s business relationships,” the release stated.
“This action is intended to restore competition, increase patient choice, and lower product pricing for sleep disordered breathing products,” said Daniel Kotchen of Kotchen & Low LLP, attorneys for 3B Medical. “We look forward to an opportunity to present the existence and effect of ResMed’s sales practices to a jury.”
I do think it is time that ResMed’s behavior and tactics be put in check. There is no doubt as to the contributions ResMed has made to this industry. BUT! If folks in this industry would start to speak up openly as to the “either you increase your percentage of ResMed product you buy or we will raise your prices” vailed threats that I am sure more than just I have been subjected too or the hint of “we can tell our doctors to send their business to those who buy our products” comments there would be more choices in this market. People, product, process is how most of us conduct our businesses.
Many companies have come and gone in the sleep industry. If the automobile industry had the same hurdles with specific prescriptions, referrals for purchases, prescription laws that confuse the market by specifying product by brand rather than by modality.
I don’t think we would have the variety of choices available today in brands let alone models that are offered for specific tastes by manufacturers likeToyota, Hyundai, Audi, Mercedes, Fiat, BMW, Renault, Ferrari, Masurratti, Tesla, Ford, GM, Dodge…… I think by now my point is made.
The steangle hold and market manipulation that has been influenced by a giant like ResMed can no longer be called free market, free trade, or good for a competitive environment.
This is my humble opinion.
ResMed are bullies!! All they care about is money…End of story..