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EU Legal Opinion In Roche/Novartis Case Has Competition And Licensing Implications

Executive Summary

A recent opinion from an EU advocate general is another blow for Roche and Novartis in their fight against an Italian fine imposed on them as a result of their agreement on the use of Avastin and Lucentis in wet AMD. If the opinion is followed by the court, it could have competition law consequences in areas such as product licensing.

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Roche and Novartis say they will continue to fight against the fine imposed on them earlier this year for allegedly colluding to exclude Roche's Avastin from the ophthalmology market in favor of Novartis's much more expensive Lucentis, despite losing their first challenge in the Italian courts1,2.

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