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

23 November, 2022
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

11 October, 2022
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

Competition law in the pharma sector – Developments and what’s to come in 2022

09 February, 2022
In this update, our pharma sector competition law experts in Brussels, the UK, Germany, South Africa and China look at a number of recent competition law developments of impact to the sector. This is a selective list of developments that have practical implications on the way pharma companies do business. European Union The pharma sector … Read more

CJEU CONFIRMS PAY-FOR-DELAY APPROACH AND UPHOLDS DECISION IN LUNDBECK CASES

29 March, 2021
On 25 March 2021, the Court of Justice of the EU (“CJEU”) dismissed the appeals by Lundbeck and five producers of generic medicines against the General Court’s (GC) judgments that upheld the Commission’s decision and the fines it had imposed in its first pay-for-delay infringement decision in 2013.  The CJEU upheld the GC rulings and … Read more

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

16 February, 2021
“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

The European Commission fines Cephalon and Teva €60.5 million in its fourth “pay-for-delay” decision

27 November, 2020
The European Commission (EC) has fined Teva and Cephalon a total of €60.5 million for concluding a “pay-for-delay” settlement agreement that delayed the market entry of a generic version of modafinil (a drug used for sleep disorders). “Pay-for-delay” agreements, whereby a generic company agrees to restrict or delay its independent entry into the market in … Read more

Pharmaceutical sector under increased antitrust scrutiny in the UK

27 October, 2020
Recent years have witnessed wide-ranging enforcement action by regulators against anti-competitive behaviour in the pharmaceutical sector, with the UK’s Competition and Markets Authority (the “CMA”) at the forefront of such activity, taking a leading international role. There is no sign that it is likely to take its focus off the sector in the near future … Read more

Advocate General Kokott’s Opinion in Lundbeck v Commission

05 June, 2020
On 4 June 2020, Advocate General Kokott (“AG”) delivered her Opinion in Case C-591/16 P Lundbeck v Commission.  The AG proposed that the European Court of Justice (“ECJ”) should dismiss Lundbeck’s appeal against the General Court (“GC”) judgment and uphold the European Commission (“EC”)’s fine on Lundbeck for anticompetitive agreements aimed at delaying the marketing … Read more