The Autorité fines Doctolib €4,665,000 for abusing its dominant position in the online medical appointment booking and remote medical consultation solutions sector

Following a complaint by Cegedim Santé and a dawn raid in 2021, the Autorité has fined Doctolib €4,665,000 for abusing its dominant position in the markets for online medical appointment booking services (Doctolib Patient) and remote medical consultation technology solutions (Doctolib Téléconsultation), through two breaches consisting respectively of:

- firstly, requiring its subscribers to use only its services, by including exclusivity clauses in its subscription contracts, and requiring Doctolib Téléconsultation subscribers to have a prior subscription to Doctolib Patient;

- secondly, eliminating its main competitor, MonDocteur, through its acquisition on 10 July 2018, with the aim of foreclosing the French market for online medical appointment booking services and consolidating its position in a still emerging market.

After examining all the specifics of the case, the Autorité has imposed a fine of €4,615,000 in respect of the exclusivity and tied selling practices.

In relation to the acquisition of MonDocteur, the Autorité has – for the first time – applied Article 102 TFEU and Article L. 420-2 of the French Commercial Code (Code de commerce) to sanction a merger falling below the national notification thresholds and therefore not subject to an ex ante review. However, taking into account the legal uncertainty that prevailed prior to the Towercast judgment of the Court of Justice of the European Union of 16 March 2023, the Autorité has imposed a fixed fine of €50,000.

Doctolib has also been ordered to publish a summary of the decision in the paper edition and on the website of the newspaper Le Quotidien du Médecin.