The Italian Competition Authority Clears a Co-Marketing Agreement for the Commercialization of a Drug Imposing a Number of Commitments on the Parties

Abstract

The Italian Competition Authority (ICA) has closed by a commitment decision an Article 101 TFEU investigation into a co-marketing agreement. The parties offered to amend the agreement by removing and eliminating the clauses of the agreement that were thought to be conducive to market sharing between the parties. Arguably, the ICA saw that the co-marketing agreements might have pro-competitive effects if they are not price-fixing or market sharing arrangements in disguise.