The European Commission has closed its antitrust investigation into US medical device company Edwards Lifesciences after the firm withdrew a disputed company policy.
The policy — called the Global Unilateral Pro-Innovation (Anti-Copycatting) Policy, or UPIP — has been removed from Edwards Lifesciences’ website and no longer applies, the Commission announced on Monday.
Edwards Lifesciences, headquartered in the United States, makes medical devices for cardiovascular applications.
The Commission opened its investigation after carrying out unannounced inspections at Edwards Lifesciences’ EU premises in September 2023.
It had been looking into whether the UPIP may have restricted doctors’ ability to take part in clinical trials and other scientific or educational activities sponsored or supported by a rival maker of transcatheter aortic valve implantation (TAVI) devices.
TAVI is a procedure to replace an aortic valve using a catheter — a thin tube — rather than open-heart surgery.
Why the policy mattered
The Commission said the policy may have limited a competitor’s access to services supporting medical device research, including input from physicians, which could have made it harder for that competitor to establish its products in the European Economic Area.
The case focused on EU rules that prohibit abuses of a dominant market position under Article 102 of the Treaty on the Functioning of the European Union.
After assessing evidence gathered during the investigation and following Edwards Lifesciences’ withdrawal of the UPIP, the Commission said the concerns had been addressed and further action was no longer considered a priority at EU level.
The Commission added that closing the investigation is not a finding that the conduct complied with EU competition rules.
