"From Astra-Zeneca to Pfizer" Stage II: The Italian Administrative Court Reverses the Monopolization Claim Established by the AutoritÃ Garante della Concorrenza e del Mercato
Stefano Grassani, Sep 13, 2012
As reported in the July edition of this Chronicle, on Jan. 11, 2012, the Italian Antitrust Authority ("IAA") found Pfizer Inc. and its Swedish and Italian subsidiaries guilty of abuse of dominant position pursuant to Article 102 of the Treaty on the Functioning of the European Union ("TFUE"). The IAA alleged that these subsidiaries jointly engaged in unlawful exclusionary conducts so as to unlawfully extend IP exclusive rights over Pfizer's Xalatan blockbuster drug, deterring or, in any event, delaying entry of generic competition on the Italian market. A fine in excess of US$ 11 million was levied on Pfizer.
Pfizer lodged an appeal against the decision before the competent Administrative Court which, with a judgment issued on Sept. 3, 2012, reversed the holding of the IAA and the ensuing fine.