Paris court of appeal overturns decision on abusive disparagement in the pharmaceutical sector
27 February 2023
In a rare and high-profile defeat for the French Competition Authority (FCA), the Paris Court of Appeal (CoA) has quashed an FCA decision which found that Novartis, Roche, and Genentech (Parties) abused a collective dominant position by disparaging one of their products, which competed with another, more lucrative drug that they also owned. For this alleged breach of Article 102 TFEU and L. 420-2 of the French commercial code, the Parties were fined EUR 444 million.
Clifford Chance
