The lawsuit is being considered a civil antitrust lawsuit and has been filed as one with the court system. Synergetics operates as a microsurgical device business and Alcon deals in the vitreoretinal surgery market. Synergetics is maintaining that the unfair business practices of both divisions of Alcon have precipitated their monetary losses.
The lawsuit was filed with the Southern District of New York in the United States District Court. Synergestics has also alleged that Alcon abused its power as a monopoly in the vitrectomy machines market to keep power in its court by placing their sales focus upon Alcon's surgical illumination sources and related accessories. According to Synergetics this effort to promote these products has adversely affected their ability to have their own products sold. The thrust of Synergetics line that has been affected involves the Photon line of laser probes, light pipes, light sources, and various other accessories.
Some of the assertions against Alcon by Synergetics include: disparaging advertisement, grant monies afforded to clinics, hospitals, and surgeons. The monies filtered to the clinics, hospitals, and surgeons are alleged to have been paid to sway purchasing choices and predatory costs for purchases are said to have been involved. The Advisory Board is said to be made up of several surgeons who are obligated to purchase Alcon products for their private practices. Also, it's been suggested within the lawsuit that the surgeons are receiving benefits above and beyond these items. The surgeons are reported to have received income ranging up into six figures for their positions on the board alone. An additional assertion is that Alcon deceptively acquired and kept the biggest share of the market by placing the condition that Alcon light pipes had to be sold with the purchase of patented fluid collection cassettes as well. These items are required for all vitreoretinal surgeries.
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By: Delsia Hartford