The Italian Council of State confirms the national Antitrust Authority’s fine of €180 million to a pharmaceutical company for having “artificially differentiated” their medicinal products when entering into an anticompetitive agreement by object (Roche / Novartis)

1. Introduction The Italian Council of State, with its judgment No. 4990 of 2019, rejected the appeal proposed by F. Hoffmann-La Roche Ltd, Roche S.p.A., Novartis AG and Novartis Farma S.p.A. against the first-instance judgement by which the Regional Administrative Court of Latium (the so-called TAR Lazio) [1] had confirmed the decision of the Italian Antitrust Authority ('IAA') fining the above-mentioned companies for a total amount of EUR 180 Million (case I760 - Roche-Novartis/Farmaci Avastin e Lucentis) [2]. As it will be better explained below, this judgment is particularly important for different reasons. First of all, the Italian Council of State has dealt with a number of questions of the utmost importance from an antitrust point of view, referring also for a preliminary

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Carlotta Frascoli, The Italian Council of State confirms the national Antitrust Authority’s fine of €180 million to a pharmaceutical company for having “artificially differentiated” their medicinal products when entering into an anticompetitive agreement by object (Roche / Novartis), 15 July 2019, e-Competitions July 2019, Art. N° 93123

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