Roche Holding AG, et al. v. French Competition Authority

Analysis Group supported Novartis and its counsel in their appeal of the French Competition Authority’s (FCA’s) decision finding that Genentech, Roche, and Novartis had abused a collective dominant position by allegedly disparaging an off-label competitor’s drug in their communications. The FCA imposed a €385 million fine on Novartis.

An Analysis Group team led by Managing Principal Antoine Chapsal and Principal Emmanuel Frot carried out a series of economic analyses as to whether, given the French regulatory framework for pharmaceuticals, the at-issue drugs belonged to the same market. The team also estimated the potential impact of the at-issue practices on prices and assisted Novartis’s counsel in its analysis of the arguments put forward by other parties. Analysis Group’s work helped establish that, contrary to the FCA’s ruling, Novartis’s communications could not be considered alarmist or misleading from a scientific point of view.

The Paris Court of Appeal ruled that the Novartis communications were not alarmist or a fortiori misleading, but rather had a sufficient factual basis. The court thus concluded that Novartis had not abused its dominant position and overturned the FCA’s decision and fine in their entirety.