84 E … THE PRACTICES IMPLEMENTED A significant impact These practices are particularly serious BY THE NATIONAL on the market since they have been adopted by regula- CONFEDERATIOOFN • Some 50 dental surgeons have left the tory bodies, which have taken advantage DENTAL UNIONS Santéclair and Itélis networks as a result of their moral authority to encourage their of the practices subject to the fines. In par-members to force service providers out of The Autorité also sanctioned the National ticular, Santéclair declared that it had lostthe market, and by the two main dental Confederation of Dental Unions (CNSD, now almost one third of its partner practitionerstrades unions, which, due to their advisory the CDF), a confederation of 100 depart- from its implantology network. These prac- and informational roles, play a specific role mental unions with over 12,000 practitio- tices discouraged non-affiliated practitio-in terms of compliance with the legal provi- ner affiliates, i.e. about one third of privateners from concluding a partnership with asions and dissemination of applicable laws. dentists. care network. These practices are particularly deplorable The evidence in the file shows that the CNSD• They caused ACM to postpone the date in that the national council of the college actively sought to hinder the activity of of creation of their future network and to had already been fined twice before on these networks, mainly consisting of com- abandon their initial project to provide similar grounds and is therefore a repeat munication campaigns (mobilisation cam- implantology services at a ffordable rates offender. All of those involved in the prac- paign for dentists, campaign for patients)to as many patients as possible (700 euros tices were therefore aware of the risks broadly disseminated over the website of with an excess to be paid of 0 euros) in favourthey were running if they boycotted the the trade union and published in the jour-of a network specialising in dentures. care networks. nal “Le Chirurgien-Dentiste de France” or • In addition to the care networks, a number press releases. of suppliers of dental surgeons have also The Autorité took into account the particu- been targeted by the disputed practices, lar and decisive role of the FSDL, the CNOCD The CNSD also exerted pressure on ACM including the association Génération and the CDOCD of Isère in the implemen- group and its potential partners in order toimplant or the companies Dentaurum, GACD, tation of the infringement, the repeated prevent the emergence of a new implanto- Euroteknika and Lyra. infringement as regards the CNOCD and the logy care network. • Lastly, the disputed practices have CDOCD of Bas Rhin and, finally, the more obviously had repercussions for dental carelimited nature of the participation of the prices. Insofar as the complementary sche- other CDOCD. PARTICULARLY SERIOUS mes bear the costs of a significant share of PRACTICES THAT HAVE the dental costs, the stimulation of com- Decision 20-D-17 of 12 November 2020 DISRUPTED THE MARKET petition introduced by the care networks This decision is being appealed (case pending). acts as a lever for bringing down the price Such boycott practices constitute, by theirof dental care services According to Santé- very nature, constitute breaches of compe-clair, this price reduction is around 15% for tition law. These practices are particularlygeneral dental care and 40% for implanto- serious in that the purpose of the affectedlogy. IGAS was also of the opinion that the networks is to facilitate access to care forprices charged by the care networks could patients by reducing the excess costs to constitute significant price reductions for be borne by those patients. The “excess topatients of up to 30%. be paid” is one of the main reasons people forego dental care. 22.2%THE EXCESS TO BE PAIDBY HOUSEHOLDS FORTHEIR DENTAL CARE A L T H C A R E • H E A L T H C A R E • H E A L T TROPER LAUNNA 0202 – erutuf evitisop erom a gniretsoF H C A R E • H