The Italian Administrative Court of First Instance quashes the NCA’s decision against pharmaceutical company for misuse of patent (Pfizer)

In its judgment delivered on 3 September 2010, the Italian Court of First Instance (‘TAR Lazio’) quashed the decision by which the Italian Competition Authority (‘ICA’) fined Pfizer EUR 10.6 million for having abused its dominant position in the visual glaucoma medicine market, by blocking or delaying the market entry of generic versions of its Xalatan product (based on the latanoprost active ingredient under patent protection) in Italy [1]. The Court also annulled the decision by which the ICA rejected the commitment offered in the course of the proceedings. By its final decision issued on 11 January 2012, the ICA closed the proceedings initiated on the grounds of complaints lodged by Ratiopharm (one of the main generic drug manufacturers) finding that - by misusing the patent

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  • Bonelli Erede (Rome)

Quotation

Sara Lembo, The Italian Administrative Court of First Instance quashes the NCA’s decision against pharmaceutical company for misuse of patent (Pfizer), 3 September 2012, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 49151

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