The French Competition Authority ("FCA") has issued a rare decision sanctioning three laboratories active in treatment of age-related macular degeneration on the basis of collective abuse of dominance practices designed to sustain the sale of an expensive drug, Lucentis, to the detriment of a cheaper drug, Avastin. WHAT YOU NEED TO KNOW - KEY TAKEAWAYS The FCA found that three pharmaceutical firms held a collective dominant position on the basis of their structural and strategic links (including licence agreements and cross-shareholdings). The General Court has also previously held (T-342/99, Airtours) that collective dominance can be established by the existence of economic links or other factors
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The French Competition Authority imposes a fine worth a total of €444 million on three pharmaceutical companies for collective abuse of dominance practices designed to sustain the sale of an expensive drug (Novartis / Roche / Genentech)
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