The First Instance Administrative Tribunal of Lazio quashes the decision of the Competition Authority which had found an alleged abuse of dominant position by a crop science compagnie consisting in the refusal to grant access to certain essential studies protected by IP rights (Bayer CropScience)

Mosca, Valerio

Previous article An Italian administrative Court addresses the extent to which an allegedly dominant company in the production of certain plant protection products shall be bound to grant or deny competitors access to scientific studies and data thanks to which it could obtain its marketing authorizations (Bayer Cropscience) Next article The EU Court of Justice AG Mazak issues his opinion recommending to dismiss an appeal against pharma company’s abuse of dominance (AstraZeneca)

16 May 2012

The First Instance Administrative Tribunal of Lazio quashes the decision of the Competition Authority which had found an alleged abuse of dominant position by a crop science compagnie consisting in the refusal to grant access to certain essential studies protected by IP rights (Bayer CropScience)

KEYWORDS

Reference

Italian First Instance Administrative Court, Bayer CropScience, Judgement n° 4403, 16 May 2012 (Italian)

The AGCM' decision By decision n. 22558 of 28 June 2008, the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter "AGCM") ascertained an alleged abuse of dominant position by Bayer CropScience AG and its Italian subsidiary Bayer CropScience S.r.l. (hereinafter, jointly, "BCS") consisting in the refusal to grant access to certain studies required for renewing the authorizations to sell fungicides containing Fosetyl against downy mildew in grapes. According to the AGCM, such refusal was opposed to certain BCS' competitors manufacturing generic products (the so called Fosetyl Task Force). The antitrust assessment carried out by the AGCM in this proceeding was strictly related to the regulatory measures (in particular EC Directive 91/414) which had

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

PDF Version

Author

Valerio Mosca
Legance - Studio Legale (Rome)

Italy 12 contributions 12757 visits

Quotation

Valerio Mosca, The First Instance Administrative Tribunal of Lazio quashes the decision of the Competition Authority which had found an alleged abuse of dominant position by a crop science compagnie consisting in the refusal to grant access to certain essential studies protected by IP rights (Bayer CropScience), 16 May 2012, e-Competitions May 2012, Art. N° 48547

Visites 130