EU Legal Opinion In Roche/Novartis Case Has Competition And Licensing Implications

A recent opinion from an EU advocate general is another blow for Roche and Novartis in their fight against an Italian fine imposed on them as a result of their agreement on the use of Avastin and Lucentis in wet AMD. If the opinion is followed by the court, it could have competition law consequences in areas such as product licensing.

Rules sign
The Italian Avastin/Lucentis case has again come up against competition rules

An advocate general of the Court of Justice of the EU has said that a medicinal product used for an unapproved off-label indication can be considered to be a competitor in the same market as another product that is authorized for that same use.

The opinion, delivered by Henrik Saugmandsgaard Øe on Sept.21, should be of great interest to biopharmaceutical companies wanting...

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