The Italian Competition Authority investigates on infringement of Art. 102 TFUE for misuse of a patent (Pfizer)

On 13 October 2010, the Italian Competition Authority (the “ICA”) decided to initiate proceedings against Pfizer to assess whether the company had abused its dominant position in the market for medicines to treat visual glaucoma, by blocking or delaying the market entry of generic versions of its Xalatan product that is based on the latanoprost active ingredient under patent protection. Following complaints lodged by Ratiopharm (one of the main generic drug manufacturers), the ICA is now investigating whether there are grounds to establish that Pfizer illegitimately extended the patent protection of the latanoprost active ingredient until 2011 through an application for a divisional patent and a subsequent request for a supplementary patent certificate (“SPC”). Research-based

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  • Bonelli Erede (Rome)

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Sara Lembo, The Italian Competition Authority investigates on infringement of Art. 102 TFUE for misuse of a patent (Pfizer), 13 October 2010, e-Competitions Competition in the Pharmaceutical sector, Art. N° 33089

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