Franzosi Dal Negro Setti with Muscolo (Milan)

Gabriella Muscolo

Franzosi Dal Negro Setti with Muscolo (Milan)
Partner / Lecturer

Gabriella is a partner and the head of the Antitrust Department at Franzosi Dal Negro Setti with Muscolo in Milan and Rome. She is a former Commissioner of the Italian Competition Authority, a former IP and Competition Law Judge at the Court of Rome and a former member of the Enlarged Board of Appeal- EBA of the European Patent Office-EPO. Gabriella is a deputy member of the Board of Appeal Committee- BOAC at the EPO. She is a Fellow of the Centre of European Law at Kings College London and teaches at the postgraduate course on Competition and Innovation at Luiss University . She has lectured in several University in Italy and abroad. Gabriella is a member of the Advisory Board of Concurrences e-Competitions Bulletin Boards and a member of the Board of Trustees of ERA (Academy of European Law) and of the Advisory Board of the ERA Forum (Journal of the Academy of European Law). She publishes in Italian as well as in English in the fields of Intellectual Property and Competition Law, and has also published for Concurrences. Gabriella co- edited the volumes “Intellectual Property and Competition Law : a European perspective “The Pharmaceutical Sector Between Patent Law and Competition Law. An International Perspective”, with Giovanni Pitruzzella, “The Interplay Between Competition Law and Intellectual Property : An International Perspective” with Marina Tavassi, and “ After the damages directive:Policy and Practice in the EU Member States and the United Kingdom, with Andrea Biondi e Renato Nazzini.


Gabriella Muscolo (Italian Competition Authority)
Gabriella Muscolo 7 October 2019 Paris
Gabriella Muscolo (AGCM)
Gabriella Muscolo 3 July 2019 Milan
Gabriella Muscolo (AGCM)
Gabriella Muscolo 24 January 2018 Milan


4815 Bulletin

Gabriella Muscolo, Luca Arnaudo Patent Settlements: An overview of US, EU and national case law


Pharmaceutical activities have always been patent-sensitive, according to applicable legal frameworks. However, the vertical increase in W16 patenting since the 1980s has transformed the industrial and competitive dynamics of the sector, making it fundamentally IPRs intensive. Add to this impressive trend the extraordinarily complex and expanding web of market exclusivities associated with IPRs based on specific therapeutic features (say, the growing relevance of orphan drugs for treating rare diseases), and it is easy to understand how patent litigation – and related settlement opportunities – has become a central battleground for pharmaceutical companies. Accordingly, and proportionally to the number of patents, the possibility of using patents in an anti-competitive manner has been unleashed, with IPRs becoming a formidable tool (also) for defending monopolistic positions far beyond the original intentions of the patent system envisaged for the sector.

Gabriella Muscolo Italy & COVID-19: An overview of EU and national case law


The health crisis has struck the entire world, challenging leaders to take unprecedented measures in order to control the spread of Covid-19. On 10 March 2020, Italy, in particular, was the first European Country to implement the strict lockdown, thereby leading the way for other countries. (...)

15808 Review

Alden F. Abbott, Robin Adelstein, Megan Browdie, Michael A. Carrier, Peter C. Carstensen, Samuel Clark, Lisl J. Dunlop, Harry First, Albert A. Foer, Eleanor M. Fox, Jacqueline Grise, Ryan Kantor, Donald C. Klawiter, John Kwoka, James Langenfeld, Tad Lipsky, Alessandro Massolo, Howard Morse, Gabriella Muscolo, James Bo Pearl, Noah Pinegar, Chris Ring, Christopher Sagers, Richard S. Taffet, Willard K. Tom, Eliot Turner, Doug Tween, Tommaso Valletti, Michael L. Weiner The new US antitrust administration


This Concurrences special set of articles focuses on antitrust law and enforcement in the aftermath of the American Presidential Elections. It questions the changes and challenges expected in 2021 under the new Biden administration, and its impacts with respect to antitrust legislation and (...)

Paul Belleflamme, Francisco Costa Cabral, Tim Cowen, Daniel Fasquelle, Paula Forteza, Inge Graef, Max Huffman, Frédéric Marty, Jacques Moscianese, Gabriella Muscolo, Martin Peitz, Sebastien Soriano, Thierry Warin, Ramsi Woodcock Digital & competition


This series of articles highlights the existing debate about the role of competition policy in the digital economy. Each contribution addresses the subject from a different perspective. The first two discuss non-price strategies practiced by monopoly digital platforms and remedies that can be (...)


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