The Italian Competition Authority fines a leading pharmaceutical company for an infringement of art. 102 TFEU by a misusing patent (Pfizer)

Introduction On the 11th of January 2012 the Italian Competition Authority (ICA), with decision no. 23194, closed its investigation against Pfizer [1], initiated in October 2010 following a complaint by Ratiopharm Italia, a generic drug producer. Pfizer had been accused of putting in place a complex legal strategy aimed at artificially lengthening the patent protection of Xalaton, thus delaying the market entry of generic medicines based on the active ingredient of latanoprost. Xalatan is the most purchased drug for treating visual glaucoma and ocular hypertension worldwide. It belongs to a specific subset of the available treatments against this disease, the prostaglandin drugs,which compared to their alternatives, have a more powerful effect, less side-effects and no contradiction

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Authors

  • LUISS Guido Carli University (Rome)
  • OECD - Competition Division (Paris)

Quotation

Felice Simonelli, Bitetti Rosamaria, The Italian Competition Authority fines a leading pharmaceutical company for an infringement of art. 102 TFEU by a misusing patent (Pfizer), 11 January 2012, e-Competitions Bulletin January 2012, Art. N° 43696

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