The Italian Council of State refers to the EU Court of Justice for a preliminary ruling in a case regarding an agreement to artificially differentiate competing drugs (Roche / Novartis)

By its decision of 11 March 2016 [1], the Italian Administrative Court of Last Instance (“Council of State”) referred to the European Court of Justice certain preliminary questions raised by Novartis and Roche in the appeals brought against the judgment of the Administrative Court of First Instance, which upheld the infringement decision of the Italian Competition Authority (“ICA”) on the Avastin/Lucentis case. [2] By that decision, the ICA fined the two pharmaceutical companies approximately EUR 90 million each for having agreed, in breach of Article 101 of the Treaty on the Functioning of the European Union (“TFEU”), to “artificially differentiate” two medicinal products used to treat certain eye diseases, i.e. Avastin (marketed by Roche) and Lucentis (marketed by Novartis). Both

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Authors

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

Quotation

Sara Lembo, Giulio Matarazzi, The Italian Council of State refers to the EU Court of Justice for a preliminary ruling in a case regarding an agreement to artificially differentiate competing drugs (Roche / Novartis), 11 March 2016, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 78988

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