The maxi-fines dating back to last 2020 and imposed in France on the two pharmaceutical giants for abuse of a dominant position have been canceled
PARIS – The maxi-fines imposed on Roche and Novartis in France in September 2020 have been canceled: the Paris appeals court annulled the fines for a total of 444 million euros (439 million francs at current exchange rates) decided by the French authority competition (AFC) for abuse of dominant position.
The detail – Roche should have paid out 385 million euros, Novartis 60 million. The companies had been punished for trying to preserve sales of the drug Lucentis (against age-related macular degeneration, AMD or AMD) at the expense of the 30 times cheaper Avastin.
Both preparations were developed by the American biotech company Genentech, which was taken over by Roche in 2009. However, Lucentis is marketed by Novartis outside the United States. As known, Roche and Novartis had ended up in the crosshairs of the authorities also in Italy for the two ophthalmic drugs in question.
According to the AFC, the pharmaceutical giants in the Rhineland had colluded to discredit the use of Avastin in ophthalmology, both among healthcare professionals and vis-à-vis the French government. The regulator charged the companies with illegal practices, from 2008 to 2013 for Roche and from 2011 to 2013 for Genentech.
The ruling – But in a ruling released today, the Paris court of appeals held that starting in 2011, with the entry into force of the new legislation, Avastin should be considered off the market for the treatment of AMD. The two preparations in question could not therefore validly compete with each other. Furthermore, the communications of the companies were measured in terms of tone, not disparaging, nor alarmist or even misleading.
Ticino TIO20 – 16 February 2023
Related news: The fine record inflicted on Novartis and Roche is cancelled
Novartis exits Roche, a 19 billion operation
Lucentis Avastin case: Novartis acquitted by the Court of Rome
Cassation. Final fines to Hoffmann-La Roche and Novartis for cartel on Lucentis
