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)

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

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  • Legance - Studio Legale Associato (Rome)

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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

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