The Italian Supreme Administrative Court rejects an appeal lodged by a multinational drug company against a previous decision ascertaining it as having abused its dominant position by imposing unfair prices for drugs (Aspen)

On 13 March, the Italian Supreme Administrative Court ("Consiglio di Stato") rejected the appeal lodged by the multinational Aspen Group against the decision of the Regional Administrative Court of Lazio (“TAR”), which fully upheld the decision adopted by the Italian Competition Authority (“ICA”) on 29 September 2016. In September 2016, the ICA, having ascertained the dominant position of the Aspen Group (“Aspen”) as it was the only company holding the authorisation required for the commercialisation in Italy of four off-patent anticancer drugs (i.e., Alkeran, Leukeran, Purinethol and Thioguanine, hereinafter "Cosmos Drugs"), found that Aspen had abused its dominant position in Italy by imposing unfair prices for Cosmos drugs, increased between 300% and 1500%. According to the ICA's

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Federico Marini Balestra, Lucia Antonazzi, The Italian Supreme Administrative Court rejects an appeal lodged by a multinational drug company against a previous decision ascertaining it as having abused its dominant position by imposing unfair prices for drugs (Aspen), 13 March 2020, e-Competitions July 2020, Art. N° 95455

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