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Eversheds Sutherland obtains the closure of the ICA’s alleged failure to comply investigation against Aspen

  • Italy
  • General

13-07-2018

The major South African pharmaceutical group Aspen has been successfully assisted by Eversheds Sutherland antitrust team in obtaining the closure without any finding of liability of the investigation of the Italian Competition Authority’s for an alleged failure by Aspen to comply with a previous order to set not unfair prices for oncology drugs marked in Italy, which had been issued by the same ICA at the outcome of a former investigation closed in September 2016. According to the findings of such former investigation – which are challenged by Aspen and are still subject to the judicial review before the Council of State- the prices of such drugs as accepted by AIFA in March 2014 would have been questionable and excessive for antitrust purposes.

On the allegation that Aspen would have not abide by the previous order, in March 2017 the ICA launched the failure to comply case, which has now been closed to the extent that Aspen has demonstrated to the ICA to have made any good faith efforts to negotiate revised prices and reached an agreement with the same AIFA, although reserving all rights with regard to the lawfulness of the ICA’s findings in relation to the excessiveness of the former prices and of the same order to set new prices, which prompted the new negotiation with AIFA.

Eversheds Sutherland, acting with a team led by the partner Alessandro Greco, Head of the EU, Competition and Trade practice and including the managing associate Vito Giuseppe Liotine and the associate Federica Maldari, has assisted Aspen in the investigation before the ICA as well as throughout the regulatory process and negotiation with AIFA.
Eversheds Sutherland team also assisted Aspen during the former abuse of dominance investigation of the ICA closed in September 2016 and is assisting Aspen in the litigation against the ICA’s findings of excessiveness of prices which is now pending before the Council of State.

 

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