An Italian Administrative Court confirms that a cartel took place in hospital supplies but slashes down fines (Bristol Myers Squibb)

Introduction The Regional Administrative Tribunal of Latium, Rome Section (“TAR Latium”) by a judgment published on 6 June 2008 has upheld a decision of the Italian Antitrust Authority (“IAA”) [1] finding that four companies had rigged supplies of ostomy products to the Italian National Health System in 2003 and 2004. However, the TAR Latium reduced the amount of the fines by 60%, ruling that the IAA had incorrectly assessed the gravity of the infringement. Background The judgment originates from two tenders launched by the Azienda Sanitaria Localeof Ferrara (“ASL Ferrara”, the body managing public health facilities in the Ferrara province) in August 2003 and June 2004, for the supply of ostomy products. In the past, the ASL Ferrara had purchased ostomy products from several