The Italian Competition Authority accepts commitments presented by a pharmaceutical company authorising potential competitors’ access to its products, with, inter alia, a free licence to manufacturers of generic pharmaceuticals (Merck / Principi Attivi)

The Autorità Garante della Concorrenza e del Mercato (the Italian Competition Authority, hereinafter also the “Authority”) recently closed proceedings in the pharmaceutical sector by accepting the commitments presented by Merck. The investigation against the American pharmaceutical company started in 2005 in order to determine whether Merck was in a dominant position in the market for the active principles of Imipenem Cilastatina (belonging to a family of antibiotics - Carbapenems v-; hereinafter, “IC Active Principle”) and Finasteride, and whether it had abused this position by refusing to grant to third parties the licenses necessary to produce these principles. In order to reconstruct the relevant facts, it is necessary to summarize briefly the Italian legislation on the subject.

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  • Luiss Guido Carli University (Rome)

Quotation

Valerio Torti, The Italian Competition Authority accepts commitments presented by a pharmaceutical company authorising potential competitors’ access to its products, with, inter alia, a free licence to manufacturers of generic pharmaceuticals (Merck / Principi Attivi), 21 March 2007, e-Competitions March 2007, Art. N° 13738

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