The Italian Competition Authority fines €5 million a company for excessive pricing abuses in the pharmaceuticals sector (Aspen)

On 29 September 2016, the Italian Competition Authority (the AGCM or ICA) fined the Aspen Group (Aspen) €5m for a violation of article 102(a) of the Treaty on the Functioning of the European Union. The ICA upheld in particular that the manner and level at which Aspen renegotiated prices for a set of reimbursable drugs (Cosmos Products) constituted an abuse of dominant position in the form of the imposition of unfair pricing conditions. During the negotiations with the Italian Pharmaceutical Agency (AIFA), Aspen had threatened to delist such drugs from a non-reimbursable and therefore free-to-market classification. The competition authority’s decision represents a rare case where article 102 has been applied to curb excessive prices, relying to the “unfairness” element of the banning of

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  • Portolano Cavallo (Milan)

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Enzo Marasà, The Italian Competition Authority fines €5 million a company for excessive pricing abuses in the pharmaceuticals sector (Aspen), 29 September 2016, e-Competitions September 2016, Art. N° 100168

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