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Italy's antitrust regulator opens probe into US Biogen over alleged dominant position - Finance news and analysis from Global Banking & Finance Review
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Italy's antitrust regulator opens probe into US Biogen over alleged dominant position

Published by Global Banking & Finance Review

Posted on May 27, 2026

2 min read

· Last updated: May 27, 2026

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Italy probes Biogen for allegedly hindering sales of rival's MS drug

Investigation into Biogen's Practices and Impact on MS Drug Market

Background of the Investigation

MILAN, May 27 (Reuters) - Italy's antitrust authority (AGCM) said on Wednesday it had opened an investigation into Biogen Italia and its U.S. parent Biogen over allegedly trying to prevent rival drugmaker Sandoz from offering a cheaper multiple sclerosis drug.

Biogen said in an emailed statement that it was "fully cooperating with the authorities" and confirmed representatives of the AGCM visited its Milan offices on Tuesday morning.

Details of the MS Drug and Associated Testing

Natalizumab and the Anti-JCV Test

Treatment with natalizumab, the active ingredient in the MS drug, can cause a rare collateral effect. This means patients have to undergo a specific test - known as anti-JCV - before and periodically during the therapy, to assess the risks.

Allegations Against Biogen

AGCM said Biogen allegedly used its anti-JCV Stratify test to exclude or limit competition from Sandoz by tying the use of the test to the purchase of its own medicine - Tysabri - and refusing to make it commercially available to patients treated with the competitor's biosimilar drug - Tyruko.

Economic Impact and Market Competition

Cost Implications for Italy's National Health Service

Biogen's policies are also limiting potential savings for Italy's national health service, the watchdog said, noting that Sandoz's drug could cost at least 20% less than Biogen's.

The treatments are exclusively carried out in public hospitals, over long therapy cycles, with each pack costing more than €1,000 ($1,164).

Importance of Biosimilars for Market Competition

Regulator's Statement on Biosimilars

"The use of biosimilars is fundamental for stronger market competition, and the resulting savings are crucial to ensure the sustainability of the national health system and to fund access to more innovative therapies for a growing number of patients," the regulator said in a statement.

Additional Information

($1 = 0.8590 euros) 

(Reporting by Cristina Carlevaro, editing by Giulia Segreti and Alexander Smith)

Key Takeaways

  • The probe targets potential anti‑competitive conduct: Biogen may have attempted to exclude Sandoz’s natalizumab biosimilar from the Italian multiple sclerosis market, drawing scrutiny under EU competition law.
  • AGCM executed dawn raids at Biogen’s Italian offices on May 27, 2026, aided by Guardia di Finanza; this follows similar pharmaceutical‑sector probes, illustrating increased regulatory focus on biosimilar competition.
  • A parallel case exists: AGCM previously investigated Biogen, Samsung Bioepis and others over alleged delays in launching the ranibizumab biosimilar Byooviz, underscoring ongoing scrutiny of conduct delaying biosimilar entry in Italy.

Frequently Asked Questions

Why is Italy's antitrust authority investigating Biogen?
The authority suspects Biogen of abusing a dominant position to exclude rival Sandoz from the multiple sclerosis drug market in Italy.
Which drug is at the center of the Biogen investigation?
The investigation focuses on drugs based on the active ingredient natalizumab, used to treat multiple sclerosis.
Who assisted the Italian antitrust authority during the inspection?
Italy's finance police assisted the regulator during inspections at Biogen's Italian offices.
Has Biogen responded to the investigation?
According to the report, Biogen was not immediately available for comment.

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