The Aspen Italy decision: A "quick look" assessment leaves open questions

Skadden Arps Slate Meagher & Flom partner Ingrid Vandenborre and associate Stanislas de Villoutreys advise Aspen Pharmacare in relation to the ongoing proceeding of the European Commission that excludes Italy. In their commentary, they consider that the Aspen decision of Italy’s Competition Authority, upheld by the Regional Administrative Tribunal of Lazio’s judgment, has skipped the unfairness analysis set out by European Court of Justice in United Brands. The commentary is based on the Aspen decision and judgment as published.