The Spanish National Commission on Markets and Competition (CNMC) has initiated an investigation into the insurance companies Sanitas, S.A. de Seguros (Sanitas) and Generali España, S.A. de Seguros y Reaseguros (Generali) over potential anti-competitive practices.
The inquiry focuses on whether the two firms violated Article 1 of Law 15/2007, of July 3, on the Defense of Competition (LDC).
In October 2022, Generali and Sanitas entered into an agreement allowing Generali policyholders access to Sanitas’ healthcare network. Under the arrangement, Sanitas assumed the management of healthcare services for Generali clients and the payment to healthcare providers.
The CNMC is examining whether the agreement included provisions on pricing and commercial conditions that could restrict competition. Additionally, the investigation seeks to determine whether clauses exist that may limit competition between the two insurers, either in relation to specific clients or in other unrelated markets.
After analyzing the preliminary data collected during a confidential information phase, the CNMC found reasonable indications of a possible infringement of competition law by both companies. However, the initiation of the case does not prejudge the final outcome of the investigation.
A maximum period of 24 months has been set for the resolution of the case.
Generali has expressed confidence that its agreement with Sanitas complies with competition laws, affirming its willingness to cooperate fully with the CNMC by providing all necessary information. The company describes the arrangement as a “standard service provision reinsurance agreement in the industry.”
Sanitas has not yet issued a formal statement regarding the investigation.
Generali Spain and Sanitas initially presented their partnership as a strategic initiative to enhance healthcare services for more than 150,000 Generali policyholders and future customers. The ten-year agreement, effective from January 2023, aimed to create synergies and improve customer experiences with personalized services.
Under the agreement, Sanitas provides Generali’s health insurance customers access to a network comprising 51,000 medical professionals, 240 contracted hospitals, and 4,100 medical centers, in addition to its own facilities, which include four hospitals (three in Madrid and one in Barcelona), 20 multi-specialty medical centers, and 16 wellness centers.
Despite the ongoing CNMC investigation, Generali continues to offer its own healthcare services through its established network of agents.
The outcome of the CNMC’s investigation will determine whether the agreement constitutes a breach of Spain’s competition regulations. If anti-competitive practices are confirmed, both companies could face significant regulatory penalties and required adjustments to their agreement.
