De Gaulle Fleurance advises Cegedim Santé in the context of proceedings initiated before the Competition Authority against Doctolib

Deals 12 November 2025

Compliance Life sciences, health

De Gaulle Fleurance represented Cegedim Santé in the referral to the Competition Authority and in the proceedings brought by the Authority against Doctolib, which, after a five-year investigation, was found guilty of abuse of a dominant position in two different markets.

Following a complaint filed by Cegedim Santé in 2019, the Competition Authority issued a press release on November 6^th 2025, announcing a fine of €4,665,000 against Doctolib for abusing its dominant position in the markets (1) for online medical appointment booking (Doctolib Patient service on the Doctolib platform) and (2) for technological solutions dedicated to medical teleconsultations (Doctolib Teleconsultation service).

The Authority upheld two complaints against Doctolib:

Firstly, for requiring its customers, who are healthcare professionals, to use its services exclusively, through the inclusion of exclusivity clauses in its contracts, and for making access to Doctolib Teleconsultation conditional on prior subscription to the “Doctolib Patient” online appointment booking services (a practice known as tied selling);
On the other hand, for acquiring MonDocteur, which was then its main competitor, in order to lock up the national market for online medical appointment booking services and consolidate its dominant position in a market that was still emerging at the time.

Although we believe that the total fine imposed does not fully reflect the extent of the damage caused to the economy by eliminating competition in two rapidly growing digital markets, this decision is nevertheless significant. It illustrates how the Competition Authority takes into account the characteristics of digital markets and platform markets.

Furthermore, this is the first application in France of the CJEU’s Towercast ruling (2023), confirming the ECJ’s Continental Can ruling (1973), allowing a national competition authority to sanction an anti-competitive, predatory acquisition that falls below the merger control thresholds when such an acquisition constitutes an abuse of a dominant position.

Doctolib has announced that it intends to appeal this decision, which will be made public by the Authority in the coming weeks, even though the press release, which is exemplary, is already particularly precise.

In this case, Thierry Titone, partner, Caroline Ruiz-Palmer, senior manager, and Louisa Imatte, lawyer, advised Cegedim Santé.

“It was important for us to support Cegedim Santé in this sensitive case, which concerns digital markets and health issues. The decision, which will be published shortly, will serve as both a reminder and a first in France, particularly with regard to the allegation of abuse of dominance through the predatory acquisition of a competitor for the sole purpose of locking up the market.

Furthermore, this decision highlights the possibility of regulating practices in digital platform markets through competition law; in this case, the sanctioning of anti-competitive practices consisting of imposing exclusivity and tied sales between different services on healthcare professionals,” emphasizes Thierry Titone, partner at De Gaulle Fleurance.