ECJ finds that arrangement between Hoffmann-La Roche and Novartis may restrict competition “by object”
On 23 January 2018 the ECJ handed down its judgment in Hoffmann-La Roche and Others v AGCM. The ECJ held that it is a restriction of competition “by object” for undertakings marketing competing medical products to disseminate misleading information about one of those products in order to reduce the competitive pressure exerted by that product on the other product. An infringement of Article 101(1) TFEU can be established in these circumstances without any requirement to examine the anti-competitive effects of an arrangement.
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