The treatment of disparagement of competitors under competition law is object of inquiry. An important case, which has been investigated by the Italian Competition Authority (ICA) and subsequently been brought before national courts and the CJEU, is the Hoffman-La Roche case. This chapter will discuss the main insights deriving from such proceedings and, finally, highlight the peculiar features of the case, which regarded the dissemination of alleged misleading information in a context of scientific uncertainty. This case has been from the beginning controversial as well as rather unique, and thus particularly interesting for competition law enforcement.
Colangelo, M. (2022). The dissemination of misleading information in the pharmaceutical market: the Italian experience. In M.C. Wolf Sauter (a cura di), EU Competition Law and Pharmaceuticals (pp. 197-210). Cheltenham : Edward Elgar Publishing.