SANCTION IMPOSED BY THE SPANISH COMPETITION AUTHORITY ON A PHARMA COMPANY FOR MISUSING LITIGATION STRATEGIES REGARDING PATENTS

On 21 October 2022, the Spanish National Markets and Competition Commission (CNMC) imposed a €38.9 million fine on pharmaceutical company Merck Sharp and Dohme (MSD) for abusing its dominant position in the Spanish market for contraceptive vaginal rings. In particular, the CNMC concluded that MSD conducted a litigation strategy against Insud Pharma, a competing company, … Read more

Update on the Teva Copaxone EU case. The EU Commission issues a Statement of Objections against Teva over alleged anti-competitive conduct consisting of misuse of divisional patents and a disparagement campaign against its closest competitor

On 10 October 2022, the European Commission (“EU Commission“) formally adopted a Statement of Objections (“SO“) against Teva over an alleged abuse of dominance concerning its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. As we reported in March 2021, the EU Commission was investigating for the first time a company … Read more

Overview of EU and South African regulatory and competition law in the Pharma sector

We are delighted that our overviews of regulatory and competition law in the EU and South Africa have now been published as jurisdictional contributions to the Lexology Getting the Deal Through Pharmaceutical Antitrust guide. The online publication serves as a quick reference guide enabling side-by-side comparison of local insights into pharmaceutical regulatory law (framework, authorities, … Read more

Wide ranging reforms to UK competition and consumer protection regimes unveiled

On 20 April 2022 the UK government published its response to the consultation launched in July 2021, proposing a wide range of far-reaching changes to the UK competition and consumer protection regimes (see our blog post on the consultation here). Taking into account the feedback received from stakeholders on the various proposals, the government has … Read more

HSF team publishes update on antitrust developments in APAC

We are delighted that our overview of recent activity, reforms and trends in relation to antitrust enforcement in the Asia-Pacific region has been published as part of the Global Competition Review Asia-Pacific Antitrust Review 2022. Our chapter summarises notable regulatory reforms and enforcement activity across jurisdictions in the Asia-Pacific region. Notwithstanding the COVID-19 pandemic, the … Read more

Excessive pricing: EU Commission accepts Aspen’s drug pricing commitments

“When the price of a drug suddenly goes up by several hundred percent, this is something the Commission may look at” Commissioner Vestager said when opening a formal investigation into Aspen’s alleged excessive pricing conduct in May 2017.  On 10 February 2021, the EU Commission (Commission) closed the investigation by accepting legally binding commitments offered … Read more