In January 2018 the AGCM launched an investigation for a possible breach of Article 101 TFEU against two international manufacturers of blood-based pharmaceuticals – Kedrion S.p.A (“Kedrion”) and Grifols Italia S.p.A (“Grifols”) – for participating as a joint venture to a public tender (issued by a contracting authority acting on behalf of a group Italian regions, “Inte rcent-ER”) for the collection of blood and plasma, production of plasma derivatives and delivery to the National Health System (NHS). However, in December 2018 the AGCM closed the proceedings without a finding of infringement on the ground that the evidence and information collected during the investigation were insufficient to substantiate its initial concerns. It is indeed interesting to get into detail of the factual
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The Italian Competition Authority provides useful guidance on under what circumstances an incumbent may associate with a competitor in a public tender for blood derivatives (Kedrion / Grifols)
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