The Italian Competition Authority fines a pharmaceutical company for having “artificially differentiated” their medicinal products in breach of Article 101 TFEU (Roche-Novartis/Farmaci Avastin e Lucentis)

In its decision of 27 February 2014, the Italian Competition Authority (the “ICA” or the “Authority”), following the complaints lodged by the Italian Ophthalmological Society (“SOI” - Società oftalmologica italiana) and an association of private healthcare hospitals (“AIUDAPDS” - Associazione Italiana delle Unità Dedicate Autonome Private di Day Surgery), ruled that two leading pharmaceutical companies, Novartis AG and F. Hoffmann-LaRoche Ltd., and their Italian subsidiaries Novartis Farma S.p.A. and Roche S.p.A. (“Novartis” and “Roche”, together the “Parties”) had agreed to artificially differentiate the medicinal products Avastin (marketed by Roche) and Lucentis (marketed by Novartis) used to treat certain eye diseases, in breach of Article 101 of the Treaty on the Functioning of the European Union

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Authors

  • Bonelli Erede (Rome)
  • Bonelli Erede (Rome)

Quotation

Sara Lembo, Giulio Matarazzi, The Italian Competition Authority fines a pharmaceutical company for having “artificially differentiated” their medicinal products in breach of Article 101 TFEU (Roche-Novartis/Farmaci Avastin e Lucentis), 27 February 2014, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 68802

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