The mere filing of an application for marketing authorization of a generic drug does not constitute an infringing activity., although of a preparatory nature as, aAlthough it is true that the filing of such an application may constitute the basis for the marketing of the drug, there still is the possibility that the eventual act…

I have already written about the investigation launched last October by the Italian antitrust authority (AGCM) on an alleged abuse of a dominant position by Pfizer in relation to the manner in which Pfizer enforced or attempted to enforce its patent rights. Well, this is actually the first case of this type in Italy, but…

In a recent post of mine I have reported that by decision of 29 July 2010, the Italian Supreme Administrative Court (Consiglio di Stato) had tackled the issue of whether the Italian drugs regulatory authority (Agenzia Italiana del Farmaco – AIFA) should or should not consider the existence of a patent when adopting decisions relating…

The Italian Antitrust Authority (Autorità Garante della concorrenza e del mercato) announced on 26 October that it commenced proceedings against Pfizer following a complaint filed by Ratiopharm alleging that Pfizer’s behaviour in the enforcement of its patent rights amounts to abuse of a dominant position. It is too soon to make comments on this case….