The Regional Adminstrative Court for Latium upholds the infringement decision made by the Italian Competition Authority against a pharmaceutical lab for excessive pricing (Aspen)

By the judgement handed down in Aspen v AGCM [1], the Regional Administrative Court of Latium (the Court) has recently determined the appeal lodged by a South African manufacturer of generic drugs, Aspen, against the 2016 decision made by Italian Competition Authority (ICA), rejected all the grounds of appeal. As is known, the ICA found Aspen to have infringed Article 102 TFEU by imposing excessive prices on the Italian national health system (INHS) for the supply of several anti-cancer drugs, the so-called ‘Cosmos drugs’ [2]. The facts of the case The so-called Cosmos drugs included various medicines produced with different active ingredients whose essential therapeutic function was to treat cancer pathologies, especially those affecting younger and older patients. In 2009 the

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Michele Giannino, The Regional Adminstrative Court for Latium upholds the infringement decision made by the Italian Competition Authority against a pharmaceutical lab for excessive pricing (Aspen), 6 July 2017, e-Competitions Bulletin July 2017, Art. N° 84682

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