Five Years of Activity in a Priority Sector: The European Commission’s Report on Competition Enforcement in the Pharmaceutical Sector (2018-2022)

The European Commission (“Commission“) has published a comprehensive report showcasing the strengthening of antitrust and merger control enforcement in the pharmaceutical sector in the EU over the last five years (2018-2022). The report, produced by the Commission in cooperation with the 27 national competition authorities (“NCAs“), builds on the previous report covering the period 2009-2017, … Read more

Competition law and biosimilars: Time for a new approach or not yet?

Competition law enforcement in the pharmaceutical sector has been vigorous in recent years with regulators focusing on a variety of issues including denigration strategies, lifecycle management patent strategies, pricing rebates, and excessive pricing. In an article recently published in Concurrences, we examine the case law and enforcement practice in this area and apply it to … Read more

CMA issues guidance permitting drugs companies to work together on Combination Therapies

On 17 November 2023, the CMA issued a Prioritisation Statement (the Statement) indicating that it would not prioritise investigations under Chapter I of the Competition Act 1998 (the CA 98) of exchanges of competitively sensitive information (CSI) and/or agreements between medicine manufacturers which have the aim of making a combination therapy (a Combination Therapy) available … Read more

Another chapter in the “pay for delay” saga: General Court rules on the Teva-Cephalon settlement agreement

On 18 October 2023, the European General Court (GC) delivered its judgment in Teva Pharmaceuticals Industries and Cephalon v European Commission (Case T-74/21). The GC upheld the European Commission’s (EC) decision from 2020 (Case AT.39686), which imposed a combined fine of €60.5 million on Teva and Cephalon for their involvement in a “pay-for-delay” agreement dating … Read more

CAT upholds CMA excessive pricing decision in liothyronine tablets case

The UK Competition Appeal Tribunal has dismissed appeals against the CMA’s finding of abuse of dominance relating to excessive pricing of liothyronine tablets. The judgment provides further detail on the application of the excessive pricing test, and follows the Court of Appeal’s approach in CMA v Flynn Pharma (Phenytoin). In this blog post, we summarise … Read more

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

We are delighted that, for the second year, our overviews of competition and regulatory law in the pharmaceutical sector in the EU and South Africa have now been published as part of the Lexology Getting the Deal Through Pharmaceutical Antitrust guide. This online publication serves as a quick reference guide, enabling side-by-side comparison of jurisdiction-by-jurisdiction … Read more

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