The Italian Council of State refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis)

1. Background of Case On 18 March 2021, the Italian highest administrative court, the Consiglio di Stato (the CS), decided to refer a case under its review for the second time to the Court of Justice of the European Union (CJEU) pursuant to Article 267 TFEU. The case finds its origin in a decision issued back in 2014 by the Autorità Garante della Concorrenza e del Mercato, the Italian Competition Authority (the ICA), which had established an anticompetitive arrangement in violation of Article 101 TFEU on the part of Hoffmann-La Roche (Roche) and Novartis in relation to the sale of eye medication and imposed a fine of EURO 182.5 million. The