A French appeals court has overturned a record fine levied three years ago against Novartis and Roche for allegedly engaging in anti-competitive practices, the second time this month the companies defeated a country’s antitrust authorities.
The Autorité de la Concurrence, France’s competition watchdog, had accused Roche and Novartis of abusing their dominant position to sell a drug used to treat age-related macular degeneration to the detriment of an older and cheaper treatment. At the time, the agency imposed a fine worth a combined $528 million against the companies.
But in a 121-page decision, the court determined that communications by the drug companies were “moderate in tone” and had not been “alarmist or even misleading” as they sought to promote the use of one eye medication over another. The judges also ruled certain actions taken by Roche could not have had anti-competitive effects. Earlier this month, a Turkish court reached a similar conclusion.
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