Italian Competition Authority opens investigation into Biogen over alleged abuse of dominance in multiple sclerosis drug market

Sandoz S.p.A., a pharmaceutical company active in the commercialisation of generic and biosimilar medicines, filed a complaint with the Autorità Garante della Concorrenza e del Mercato (AGCM) — the Italian Competition Authority — against Biogen Group for alleged abuse of dominant position in the market for multiple sclerosis drugs based on the active ingredient natalizumab. The AGCM has decided to open a formal investigation into the matter.

The investigation concerns the competitive relationship between biosimilar and originator medicines, and specifically the alleged conduct by Biogen aimed at excluding or significantly limiting competition through the imposition of restrictions and the refusal to supply the diagnostic test required prior to prescription of the treatment — thereby obstructing the commercialisation of Sandoz's competing biosimilar product. The AGCM has highlighted that the widespread adoption of biosimilars is fundamental to fostering competitive market dynamics, and that the resulting cost savings are crucial for the sustainability of the Italian National Health Service (SSN) and for financing access to innovative therapies for an increasing number of patients.

Sandoz S.p.A. acted with its internal Legal & Compliance team and was assisted in the complaint procedure by Pavia e Ansaldo, with a team coordinated by Partner and Head of the Antitrust and Competition Department Filippo Fioretti, and comprising Counsel Maria Rosaria Raspanti, junior associate Pierpaolo Morgera Rapolla and trainee Francesca La Motta.