The Italian Highest Administrative Court refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis)

Clancy, Michael; Hall, Samuel; L'Ecluse, Peter; Longeval, Catherine; T'Syen, Koen

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18 Mar 2021

The Italian Highest Administrative Court refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis)

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Reference

Italian Highest Administrative Court, Avastin / Lucentis, N. 02327/2021 REG.PROV.COLL, 18 March 2021 (Italian)

1. Background of Case On 18 March 2021, the Italian highest administrative court, the Consiglio di Stato (the CS), decided to refer a case under its review for the second time to the Court of Justice of the European Union (CJEU) pursuant to Article 267 TFEU. The case finds its origin in a decision issued back in 2014 by the Autorità Garante della Concorrenza e del Mercato, the Italian Competition Authority (the ICA), which had established an anticompetitive arrangement in violation of Article 101 TFEU on the part of Hoffmann-La Roche (Roche) and Novartis in relation to the sale of eye medication and imposed a fine of EURO 182.5 million. The

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Authors

Michael Clancy
Van Bael & Bellis (Brussels)

Belgium 9 contributions 4290 visits
Samuel Hall
Van Bael & Bellis (Brussels)

Belgium 15 contributions 4169 visits
Peter L’Ecluse
Van Bael & Bellis (Brussels)

Belgium 102 contributions 25075 visits
Catherine Longeval
Van Bael & Bellis (Brussels)

Belgium 20 contributions 6442 visits
Koen T’Syen
Van Bael & Bellis (Brussels)

Belgium 21 contributions 6502 visits

Quotation

Michael Clancy, Samuel Hall, Peter L'Ecluse, Catherine Longeval, Koen T'Syen, The Italian Highest Administrative Court refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis), 18 March 2021, e-Competitions March 2021, Art. N° 100177

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