The Italian Highest Administrative Court refers to the EU Court of Justice an antitrust appeal questioning the Court’s jurisdiction and the validity of its revocation rules (Avastin / Lucentis)

On 18 March 2021, the Italian Administrative Highest Court (Consiglio di Stato) referred a case to the CJEU for a preliminary ruling regarding a request for revocation of its judgment with regard an antitrust infringement by Novartis-Roche. The CJEU has been asked to rule on whether the Consiglio di Stato has jurisdiction over the case and whether the Italian procedural rules on revocation infringes EU law. In 2014, the Italian Competition Authority ("AGCM") fined Novartis and Roche a total of EUR 182.6 million for collusive practices (the "AGCM Decision"). [1] The AGCM Decision was appealed without success by Roche, Novartis and Hoffmann-La Roche (the "Pharmaceutical Companies") before the Regional Administrative Court ("TAR") of Lazio. [2] The Pharmaceutical Companies brought the

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Authors

  • Herbert Smith Freehills (Milan)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (Brussels)

Quotation

Francesca Morra, Daniel Vowden, Adrian Brown, The Italian Highest Administrative Court refers to the EU Court of Justice an antitrust appeal questioning the Court’s jurisdiction and the validity of its revocation rules (Avastin / Lucentis), 18 March 2021, e-Competitions July 2021 - II, Art. N° 101622

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