18
Sep
The new Public Procurement Code: New items, application, and transitional regime
This article is the first in the "Public Procurement Corner" series, providing updates on the new public procurement code with a focus on supplies to NHS bodies.
Thanks to Antonino Iago Gentile for collaborating on this article
29
May 20
Italy: Garante's crackdown on patient health data protection
The Italian data protection authority (‘Garante’) announced, on 6 March 2020, that it had reached an agreement with Consip S.p.a. regarding modifications rules regarding calls for tenders concerning the purchase of medical equipment and devices, aimed at making the same compliant with data protection legislation.
23
Mar 20
Cura Italia Decree and Ordinance 630/2020: new rules for public contracts
Law Decree No. 18 of March 17, 2020 (“Cura Italia Decree“) and ordinance No. 630 issued by the Head of the Department of Civil Protection on February 3, 2020 (“Ordinance 630/2020” or “Ordinance”) introduced several derogations to the standard rules that govern the public procurement process for purposes of dealing with the Covid-19 emergency.
6
Feb 20
Tender for the supply of medicine based on a patented active ingredient: a legal profile
With judgment No. 29 of January 9, 2020, the Administrative Court of the Piemonte region issued a ruling in the lawsuit brought by Bristol-Myers Squibb (BMS) against the Piemonte region purchasing body and the region (the contracting authority).
4
Dec 19
Under what circumstances may an incumbent associate with a competitor in a public tender? The ICA provides useful guidance in the field of plasma derivatives.
In January 2018, the Italian Competition Authority (AGCM, or “ICA”) launched an investigation for a possible breach of Article 101 TFEU against two international manufacturers of blood-based pharmaceuticals – Kedrion S.p.A (“Kedrion”) and Grifols Italia S.p.A (“Grifols”) – for participating as a joint venture in a public tender (issued by a contracting authority acting on behalf of a group Italian regions, “Intercent-ER”) to collect blood and plasma, to produce plasma derivatives and to deliver these to the Italian National Health System (NHS).
6
Apr 19
The Court of Milan on the urgent protection of patents infringed by products sold under the framework of a public tender
In an urgent proceeding before the Court of Milan, the claimant, licensee of the European patent 1089726B1 (correspondent to the Italian patent IT 99930567.5) relating to a food supplement essentially composed of HMB, arginine and glutamine, requested the court grant an injunction against the alleged infringer.
