Efficiencies in joint bidding in Italy: the AGCM accepts economics arguments

Oxera is pleased to note that the Italian Competition Authority has accepted the legal and economic arguments put forward by Kedrion and Grifols regarding their joint bid for the collection of donated blood and the manufacture and supply of plasma-based drugs to Italy’s National Health Services.

Pascale Déchamps, Partner, and Roberto Alimonti, Senior Consultant, advised Kedrion during the investigation.

In addition to demonstrating that Grifols was not a viable contender for the public tender process under scrutiny, the economics evidence indicated that the temporary association of undertakings between Kedrion and Grifols was driven by important efficiency rationales and the complementary nature of their services, as opposed to any anticompetitive intent.

The AGCM’s positive attitude towards the efficiency defence put forward by the parties is very encouraging, and this ruling is sure to be of significant interest in the antitrust arena.

Read more about the case on GCR.

Posted 16/01/2019