The Italian Highest Administrative Court refers the dispute of a pharmaceutical company to the EU Court of justice for the second time (Avastin / Lucentis)

On 18 March 2021, the Italian Supreme Administrative Court (“Consiglio di Stato” or “CdS”) wrote a new episode in the long-lasting Hoffman La Roche - Novartis saga related to the Avastin drug, which may have serious repercussions on the relationship between EU and national judges. To recall, in 2014, the Italian Competition Authority (“AGCM”) found Hoffman La Roche and Novartis to be in violation of Article 101 TFEU and fined them 182.5 million euros. The two pharma companies were indeed considered to have put in place an anti-competitive agreement aimed at favouring the medicinal product Lucentis over its cheaper competing product Avastin, by way of manipulating the perception

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Federico Marini Balestra, The Italian Highest Administrative Court refers the dispute of a pharmaceutical company to the EU Court of justice for the second time (Avastin / Lucentis), 18 March 2021, e-Competitions March 2021, Art. N° 100316

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