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Dutch authorities to investigate possible inducement payments in medical devices sector

The Dutch Health and Youth Inspectorate (HYI) has announced plans to investigate possible inducement payments in the medical devices sector. The investigation, which will start in the autumn of 2018, will focus on cardiology, orthopaedics and dental implants by looking into the service contract meetings that suppliers may have concluded with healthcare professionals. Moreover, suppliers will be asked for overviews of meetings that they have organised or plan on organising. In case of infringement of the inducement payment prohibition, the HYI may impose an administrative fine of up to EUR 900,000 on each of the infringers (the supplier as provider and the healthcare professional as recipient of the inducement).

The HYI investigation follows the introduction of the prohibition of inducement payments in January 2018. The prohibition relates to inducements, whether in cash or in kind, offered by medical device suppliers to healthcare professionals with the aim of promoting the sale of medical devices (subject to certain exemptions).

The HYI expects to publish its findings at the beginning of 2019.

A prior version of this post was originally published by the same author in Practical Law – Life Sciences, September 2018 Issue (Thomson Reuters).