The Italian competition authority imposes for the first time interim measures on the basis of Art. 82 EC (Merck, Carbapenem)

The Italian competition authority (“Authority”) recently issued an interim decision against Merck & Co Inc (“Merck”) obliging it to license the manufacture of antibiotic Imipenem Cilastatina, the active ingredient in the manufacture of Carbapenemens. This decision is very interesting from an antitrust point of view, as it is the first time the Authority has imposed an interim measure on an undertaking. The national competition law (law 287/90) does not give the Authority the power to impose interim measures. The Authority has therefore been so far unable to grant such a remedy when assessing alleged breaches of national or European antitrust rules. To date interim measures have been applied by national courts on the request of victims of antitrust infringements. In particular,

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Freshfields Bruckhaus Deringer (Rome)
  • Freshfields Bruckhaus Deringer (Rome)

Quotation

Gian Luca Zampa, Maura Demattè, The Italian competition authority imposes for the first time interim measures on the basis of Art. 82 EC (Merck, Carbapenem), 23 February 2005, e-Competitions Bulletin Pharma & Dominance, Art. N° 265

Visites 4348

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues