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Synergetics USA files antitrust lawsuit against Alcon
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O'FALLON, Mo. — Synergetics USA has filed a civil antitrust lawsuit against Alcon and its primary operating subsidiary in the United States, Alcon Laboratories, claiming that the company has used its monopoly power in the vitrectomy machines market to sway purchasing decisions in favor of its surgical illumination sources and accessories, Synergetics announced in a press release.
Synergetics claims to have suffered tens of millions of dollars in losses resulting from Alcon's alleged unfair practices and seeks a recovery that may exceed $100 million. The lawsuit was filed in the United States District Court for the Southern District of New York, the release said.
The lawsuit describes Alcon's alleged anti-competitive behaviors, which include commercial disparagement of Synergetics' products, awarding grants to surgeons and health care institutions to influence purchasing decisions, maintaining an advisory board of surgeons who are required to buy Alcon products, and predatory pricing, among other antitrust proceedings.
The suit also describes an alleged plan enacted by Alcon to acquire and retain market share by making sales of its light pipes conditional to sales of its patented fluid collection cassettes that are necessary for performing vitreoretinal surgery, according to the release.
"For years Synergetics and other smaller companies have been forced to watch as Alcon unfairly and increasingly controlled the vitreoretinal surgical markets, escalating health care costs while stifling innovative and cost effective technological advances. This activity has been detrimental to surgeons and patients, not to mention the health care system. Our experience has convinced us that without this action, Alcon will drive all other players from the vitreoretinal surgical market," Gregg D. Scheller, president and chief executive officer of Synergetics USA, said in the release.
"Unfortunately, Alcon does not comment on ongoing litigation," Kathleen Golden, Alcon's manager of corporate communications, told Ocular Surgery News.