The Strange Case of Dr. Lucentis and Mr. Avastin. The Italian Competition Authority Fines Roche and Novartis for Collusion

Abstract

The article aims at retracing the main elements of an antitrust proceedings carried on by the Italian Competition Authority against the Roche and Novartis groups for an alleged infringement of article 101 TFEU. In the antitrust authority's view, as expressed in a formal decision adopted on March 2014, the cartel was set up in order to control the sales of two biotech pharmaceutical products, Avastin and Lucentis, within the Italian relevant market of the drugs used for curing vascular ocular diseases. The article details and discusses the decision, also providing further considerations concerning artificial product differentiation, off-label uses and human rights protection.

Keywords: Antitrust, Article 101 TFUE, Pharmaceutical industry, Product differentiation, Off-label uses

JEL Classification: K21, I11, L15