Roche Fined €460,000 for Anticompetitive Practices
On November 15, 2024, the French government’s Ministry of the Economy announced a €460,000 fine against pharmaceutical company Roche. The fine was imposed for anticompetitive practices related to the sale of its cancer drug Avastin.
Background
Avastin is a monoclonal antibody used to treat a variety of cancers, including colon, lung, and breast cancer. Roche held a dominant market position in the sale of Avastin in France.
The French Competition Authority (FCA) began investigating Roche in 2022 after receiving complaints from competitors. The FCA alleged that Roche had engaged in several anticompetitive practices, including:
- Exclusivity agreements: Roche allegedly signed exclusive agreements with hospitals and distributors, preventing them from purchasing Avastin from other suppliers.
- Predatory pricing: Roche allegedly sold Avastin at below cost in order to drive competitors out of the market.
- Bundling: Roche allegedly bundled Avastin with other products, making it difficult for competitors to sell their products separately.
FCA Findings
The FCA found that Roche’s anticompetitive practices had harmed competition in the French market for Avastin. The agency concluded that Roche had abused its dominant position and violated French competition law.
Fine
The FCA imposed a €460,000 fine on Roche. This is the highest fine ever imposed by the FCA for anticompetitive practices in the pharmaceutical sector.
Roche’s Response
Roche has denied any wrongdoing. The company has announced that it will appeal the FCA’s decision.
Implications
The FCA’s decision is a significant step in the fight against anticompetitive practices in the French pharmaceutical market. The decision sends a clear message to companies that anticompetitive behavior will not be tolerated.
The decision is also likely to have a significant impact on the price of Avastin in France. The FCA’s findings suggest that Roche’s anticompetitive practices may have led to higher prices for the drug.
Amende de 460 000 € prononcée à l’encontre de la société ROCHE (numéro de SIRET : 552 012 031 00159)
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