The Italian Competition Authority fines a generic manufacturer of drugs for excessive pricing (Aspen)

By the decision made on 29 September 2016 in Aspen [1], the Italian Competition Authority (ICA) has imposed a fine of more than EUR 5 million on the Aspen group (Aspen), a South African manufacturer of generic drugs. Aspen was found to have infringed Article 102 TFEU by imposing excessive prices on the Italian national health system for the supply of several anti-cancer drugs, the so-called ‘Cosmos drugs’. The facts of the case The Cosmos drugs included four products, Leukeran, Alkeran, Purinethol and Tioguanine that were prepared using the active principles of chlorambucil, melphalan, mercaptopurine and tioguanine, respectively. The essential therapeutic function of the Cosmos drugs was to treat cancer pathologies, especially those affecting younger and older patients. The drugs were

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  • Desogus Law Office (Cagliari)

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Michele Giannino, The Italian Competition Authority fines a generic manufacturer of drugs for excessive pricing (Aspen), 29 September 2016, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 81747

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