The Italian Competition Authority accepts commitments to amend a co-marketing agreement in the pharmaceutical sector, and closes its antitrust investigation (Novartis / Italfarmaco)

With Decision No. 25508 of 4 June 2015, the Italian Competition Authority (the “ICA”), accepted the commitments proposed by Novartis Farma S.p.A. (“Novartis”) and Italfarmaco S.p.A. (“Italfarmaco”, together the “Parties”) and closed the investigation opened following a complaint lodged by the purchasing consortium for the Lombardy region (“ARCA”) to ascertain whether the Parties had infringed Article 101 TFUE when distributing medicinal products containing the active ingredient long-acting octreotide (“Octreotide L.A.R.”), thus restricting competition. Octreotide L.A.R. is an active principle used to treat acromegaly and neuroendocrine cancers, and its main characteristic is its long acting release (L.A.R.) formulation. This formulation essentially permits the medicine to be administered