ANTITRUST | The Italian Competition Authority launches an investigation for ascertaining a possible abuse of a dominant position in the pharma sector

On 19 May 2026, the Italian Competition Authority (ICA) opened an investigation against Biogen Italia S.r.l. (Company) for ascertaining a possible abuse of a dominant position in the supply of multiple sclerosis medicines sector in breach of Article 102 TFEU. More specifically, according to the ICA, the Company – that held a dominant position in the market for the anti-JVC test (Test) – may have violated article 102 TFEU by having made the provision of the test performance service conditional on the purchase of its own medicine and refused to make it commercially available to patients who were prescribed the competing biosimilar. As remarked by the ICA, this conduct might exclude and/or restrict competition from another undertaking commercializing the competing biosimilar and preclude the cost benefits for the National Health Service deriving from the selling of the biosimilar.

Newsletter n. 119 – June 2026