The Italian Supreme Administrative Court reinstates the NCA’s decision fining a pharmaceutical group for abuse of dominant position in the market for the production and commercialisation of fosetyl-based fungicides against downy mildew in grapes (Bayer)

With decision of 11 January 2013 [1], the Italian Supreme Administrative Court (Consiglio di Stato) quashed a judgment of the Italian Administrative Court of First Instance [2] (TAR Lazio) and upheld the 2011 Italian Competition Authority's (ICA) decision [3] fining Bayer CropScience AG and Bayer CropScience S.r.l. (together, BCS) € 5,124,359 for violating Art. 102 TFEU in the Italian market for the production and commercialisation of fosetyl-based fungicides against downy mildew in grapes. The regulatory framework and factual background According to Directive 91/414/EEC (Directive), the marketing of plant protection products in the European Union required prior authorisation by competent national authorities. [4] The granting of such authorisation was conditional upon, inter alia,

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Authors

  • Covington & Burling (Brussels)
  • University Bocconi (Milan)

Quotation

Andrea Zulli, Elisabetta Grassi, The Italian Supreme Administrative Court reinstates the NCA’s decision fining a pharmaceutical group for abuse of dominant position in the market for the production and commercialisation of fosetyl-based fungicides against downy mildew in grapes (Bayer), 11 January 2013, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 52732

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