The European Commission has opened a formal investigation into Align Technology, the US company behind the Invisalign clear aligners, over suspicions that it has abused a dominant position in the market.
The suspicion
The Commission is concerned that Align may be using the popularity of Invisalign to push dentists and orthodontists into buying its own intraoral scanner, the iTero, rather than competing devices.
Why the scanner matters
Intraoral scanners create detailed 3D images of a patient’s teeth, replacing traditional moulds. With Invisalign, those scans are sent to Align’s software to design the series of custom aligners the patient will wear. The scanner is therefore a key part of the treatment process.
What Align is suspected of
According to the Commission, Align may have:
- refused since 2017 to approve rival scanners for direct submission of scans to its Invisalign ordering system;
- rejected scans from other scanners, even when they use standard file formats;
- made it difficult or impossible for clinics to use other scanning equipment while still offering Invisalign.
If confirmed, such practices could amount to illegal “tying” under EU competition rules, which prohibit dominant companies from imposing unfair conditions on customers or shutting out competitors.
What happens now
There is no legal deadline for completing an antitrust investigation. Its length will depend on the complexity of the case and on how Align exercises its right of defence. Opening an investigation does not mean the Commission has reached a conclusion.
If wrongdoing is found, the Commission could fine Align up to 10% of its global turnover and order it to change its practices — for example, by accepting scans from any compatible scanner.
What it could mean for patients
For dental clinics, a ruling against Align could mean more freedom to choose scanners based on price and performance. For patients, greater competition could eventually translate into lower costs for aligner treatment, which is widely used in Spain, including in the Balearics, as an alternative to traditional braces.
