The European Commission has closed its antitrust investigation into Edwards Lifesciences following the company’s withdrawal of its Global Unilateral Pro-Innovation (Anti-Copycatting) Policy (“UPIP”). The policy has been removed from the company’s website and no longer applies.
The investigation began after unannounced inspections at the company’s EU premises in September 2023. The Commission examined whether the UPIP could infringe Article 102 TFEU, which prohibits abuses of a dominant position.
The central concern was that the policy may have restricted physicians’ ability to participate in clinical trials and scientific or educational activities supported by competing manufacturers of Transcatheter Aortic Valve Implantation (TAVI) devices. Access to experienced physicians is critical for research, product development and validation in the medical device sector. The Commission assessed whether limiting such access could have impeded competitors’ ability to develop and establish TAVI products within the European Economic Area.
Following a detailed review of the evidence and in light of the withdrawal of the UPIP, the Commission concluded that its concerns had been addressed. It therefore decided that pursuing the case was no longer a priority at EU level. The closure does not amount to a finding that the conduct complied with EU competition law.
Headquartered in the United States, Edwards Lifesciences develops cardiovascular medical technologies, including TAVI systems used to treat aortic stenosis. Cardiovascular diseases remain the leading cause of premature death in the EU. In December 2025, the Commission adopted the Safe Hearts Plan to strengthen prevention, detection and treatment of such conditions.