December 6, 2021

Volume XI, Number 340

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December 06, 2021

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Hoffmann-La Roche – Some Broader Implications

On 29 January, Covington hosted its webinar on the ECJ’s Hoffmann-La Roche vs Autorità Garante della Concurrenza e del Mercato judgment.  Miranda Cole discussed the potential implications of this judgment for market definition, field of use licences and indication-based pricing.  The full presentation can be found here.

The Italian Council of State referred five questions to the ECJ in March 2016 in the context of the appeal against the Italian Competition Authority’s decision that Roche and Novartis reached an illegal market-sharing agreement in the market for ophthalmic drugs for serious vascular eyesight conditions.  In September 2017, Advocate General Saugmandsgaard Øe took the position that licensed and unlicensed pharmaceutical products used for the same indication may fall within the same relevant product market.

© 2021 Covington & Burling LLPNational Law Review, Volume VIII, Number 39
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About this Author

Miranda Cole, Covington, Intellectual property attorney
Partner

Miranda Cole is a partner based in Covington's Brussels and London offices. She specialises in competition law (merger control, abuse of dominance, vertical and collaborative arrangements and technology licences and other agreements). Chambers Global notes that she "takes a proactive, holistic approach" (2014).

Her practice has a particular focus on advising companies active in the technology, communications and media, software and ecommerce, aviation and life sciences sectors. She advises clients on the competition issues raised by IP, data and...

32-2-549-5264
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