Pharma & Dominance

Dominance

The Russian Competition Authority reduces prices on 11 medicines of a dominant pharmaceutical company from the list of vital and essential medicines (AstraZeneca)
Russian Federal Antimonopoly Service (Moscow)
FAS reduced prices on 11 medicines of “Astrazeneca” from the list of vital and essential medicines* Prices for the medicines aimed at treating socially important diseases reduced on average 12 to 92% As a result of a constructive dialogue between FAS and “AstraZeneca” the maximum ex-works prices (...)

The Danish Competition Authority fines a pharmaceutical company for abuse of dominance by charging unfair prices (CD Pharma)
Danish Competition and Consumer Authority (Copenhagen)
CD Pharma has abused its dominant position by increasing their price by 2,000 percent* On 31 January 2018, the Danish Competition Council (“DCC”) ruled in a case concerning CD Pharma’s (a pharmaceutical distributor) abuse of dominant position by charging unfair prices for the drug Syntocinon. (...)

The French Competition Authority fines pharmaceutical laboratories for preventing and restricting the development of generic drugs (Janssen-Cilag / Johnson & Johnson)
Van Bael & Bellis (Brussels)
On 20 December 2017, the French Competition Authority (“FCA”) imposed a fine of € 25 million on Janssen-Cilag laboratory and its parent company Johnson & Johnson for preventing and then restricting the development of a generic version of its analgesic Durogesic (the “Decision”). Ratiopharm, now (...)

The French Competition Authority fines a pharmaceutical laboratory for having first prevented then restricted the development of generic versions of a drug (Janssen-Cilag / Johnson & Johnson)
French Competition Authority (Paris)
The Autorité de la concurrence imposes a fine of 25 million euros on Janssen-Cilag laboratory and its parent company Johnson & Johnson for having first prevented then restricted the development of generic versions of Durogesic, its originator medicinal product.* Background Following a (...)

The UK Competition Authority accuses a pharmaceutical company to abuse of its dominant position (Concordia)
British Competition Authority - CMA (London)
Drug company accused of abusing its position to overcharge the NHS* The CMA has provisionally found that Concordia abused its dominant position to overcharge the NHS by millions for an essential thyroid drug. The Competition and Markets Authority (CMA) has been investigating how much the (...)

EU Court of Justice Advocate General Saugmandsgaard Øe indicates that providing misleading information aimed at undermining the reputation of one drug to the benefit of another drug might constitute a restriction by object (Hoffmann-La Roche)
Liège University - IEJE
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Liège University - IEJE
On 21 September 2017 Advocate General Saugmandsgaard Øe (‘AG’) issued his opinion in F. Hoffmann-La Roche vs Autorità Garante della Concurrenza e del Mercato (AGCM). In his opinion the AG provides guidance to the Court of Justice of the European Union (‘CJEU’) on the various questions raised by the (...)

The Spanish Competition Authority closes abuse of dominance proceedings by means of a commitments decision against a pharmaceutical company (IMS Health)
Callol, Coca & Asociados (Madrid)
On 13 July 2017, the NMCC closed the Article 102 TFEU and Article 2 of the Spanish Competition Act (Competition Act) proceedings related to the supply of pharmaceutical marketing data to IMS Health (IMS) by means of a commitments decision. The NMCC initiated the investigation, as a result of (...)

The Regional Administrative Court for Latium upholds the infringement decision made by the Italian Competition Authority against a pharmaceutical lab for excessive pricing (Aspen)
Desogus Law Office (Cagliari)
By the judgement handed down in Aspen v AGCM , the Regional Administrative Court of Latium (the Court) has recently determined the appeal lodged by a South African manufacturer of generic drugs, Aspen, against the 2016 decision made by Italian Competition Authority (ICA), rejected all the (...)

The Belgian Competition Authority rejects a request for interim measures on the pharmaceutical market (Medicare-Market group)
Belgian Competition Authority (Brussels)
The Belgian Competition Authority (BCA) has rejected a request for interim measures of the Medicare-Market group* The SA Medicare-Market (hereafter Medicare-Market) filed on 2 June 2016 a complaint against the Order of Pharmacists and requested interim measures on 28 April 2017. The (...)

The UK Competition Authority alleges two pharmaceutical companies have concluded a pay-for-delay agreement (Actavis / Concordia)
British Competition Authority - CMA (London)
CMA alleges anti-competitive agreements for hydrocortisone tablets* The CMA today alleged that Concordia and Actavis signed illegal agreements which enabled high prices for a life-saving drug to be prolonged. The Competition and Markets Authority (CMA) alleges that between January 2013 and (...)

The Spanish Competition Authority clears a dual pricing system (Pfizer / Cofares)
Callol, Coca & Asociados (Madrid)
On 19 January 2017 the Spanish Competition Authority (SCA) issued a decision clearing PFIZER of antitrust charges and blessing PFIZER’s dual pricing system (SCA Decision). In 2009, the SCA decided (First Decision) to close the antitrust investigation against COMPAÑÍA FARMACÉUTICA ESPAÑOLA, S.A. (...)

The UK Competition and Markets Authority publishes full decision on excessive pricing and focuses on intention and evidence (Pfizer / Flynn)
Simmons & Simmons (London)
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Simmons & Simmons (London)
The CMA’s decision relies heavily on evidence of the parties’ intentions in applying competition rules. On 15 June 2017, the UK Competition and Markets Authority (CMA) published the full non-confidential version of its decision to fine Pfizer and Flynn a record £84.2m for their excessive and (...)

The UK Competition Authority fines two pharmaceutical companies for charging excessive prices concerning an anti-epilepsy drug (Pfizer / Flynn)
British Competition Authority - CMA (London)
CMA fines Pfizer and Flynn £90 million for drug price hike to NHS* The CMA has fined pharma companies Pfizer and Flynn Pharma nearly £90 million for charging excessive prices to the NHS for an anti-epilepsy drug. The Competition and Markets Authority (CMA) has imposed a record £84.2 million fine (...)

The Turkish Competition Board publishes a reasoned decision on pharmaceutical industry (Pharmacists’ Association)
ELIG Gürkaynak (Istanbul)
Introduction The Competition Board recently published a reasoned decision (December 6 2016; 16-42/699-313) following its investigation into whether the Pharmacists’ Association (TEB) and the Pharmacists’ Association Commercial Enterprise (TEBII) had violated Article 6 of Law 4054 on the (...)

The French Supreme Court confirms fines imposed on undertaking for abusive limitation of generic entry (Sanofi-Aventis)
Van Bael & Bellis (Brussels)
On 18 October 2016, the French Supreme Court upheld the decision of the French Competition Authority (“FCA”) which had fined the pharmaceutical company Sanofi-Aventis over € 40 million for having abused its dominant position on the market for the active ingredient clopidogrel. Sanofi-Aventis was (...)

The US Court of Appeals for the Third Circuit rules on bundling in pharmaceuticals sector (Eisai / Sanofi Aventi)
Constantine Cannon (New York)
Third Circuit Shows No Love For Lovenox® Bundling Theory*Citing the well-known maxim that the antitrust laws are concerned with “the protection of competition, not competitors,” the U.S. Court of Appeals for the Third Circuit on Wednesday affirmed summary judgment for Defendant Sanofi Aventis on (...)

The Portuguese Competition Authority fines an association of pharmacists for abuse of dominance on the pharmacies’ commercial data market (ANF)
Portuguese Competition Authority (Lisbon)
The Portuguese Competition Authority fined ANF Group for abusing its dominant position* The Portuguese Competition Authority (PCA) has imposed fines of € 10.340.000 on ANF (Associação Nacional das Farmácias) and three companies of the ANF Group (Farminveste – S.G.P.S., S.A., Farminveste – (...)

The Chinese National Development and Reform Commission and the Chongqing AIC take separate actions to punish cartel conduct and refusal to supply in the pharmaceutical industry (Allopurinol)
University of Melbourne
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China Competition Bulletin (Beijing)
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Hogan Lovells (Beijing)
Both the NDRC and the Chongqing Administration for Industry and Commerce (Chongqing AIC) have recently taken enforcement action to address anticompetitive conduct involving allopurinol. Allopurinol tablets are a common treatment for gout (known as hyperuricemia), widely used in clinical (...)

The Moscow Arbitration Court confirms that a pharmaceutical company has abused of its dominance by stopping to supply insulin (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court confirmed: “Novo Nordisk” violated the antimonopoly law* On 21 October 2015, the Arbitration Court of the Moscow District upheld the ruling of the 9th Arbitration Appeal Court of 29 June 2015 and dismissed a cassation appeal of “Novo Nordisk” against the decision of the Federal (...)

The Romanian Competition Authority launches a market test concerning a possible abuse of dominance in the pharmaceutical sector (GlaxoSmithKline)
Romanian Competition Council (Bucharest)
The Competition Council launches for public debates the commitments formulated by S.C. GLAXOSMITHKLINE S.R.L.* The Competition Council launches for public debates the commitments formulated by S.C. GlaxoSmithKline (GSK) S.R.L. within the investigation on possible abuse of dominant position of (...)

The Russian Competition welcomes the payment of the fine imposed on a pharmaceutical company for failure to execute a determination (Teva)
Russian Federal Antimonopoly Service (Moscow)
TEVA Pharmaceutical Industrie Limited paid a fine for failure to execute a FAS determination* TEVA PHARMACEUTICAL INDUSTRIES LIMITED (TEVA, Israel) notified the Federal Antimonopoly Service (FAS Russia) about paying a 300,000 RUB administrative fine for failure to execute a determination (...)

The UK Competition Authority issues statement of objections to a pharmaceutical company and its distributor suspected of abuse of dominance dominance in the market of phenytoin sodium capsules (Pfizer / Flynn)
British Competition Authority - CMA (London)
CMA issues statement of objections to Pfizer and Flynn Pharma in anti-epilepsy drug investigation* The CMA has today issued a statement of objections to the pharmaceutical suppliers Pfizer and Flynn Pharma alleging that they have breached competition law. The Competition and Markets (...)

The Belgian Competition Authority rejects an appeal of a pharmacist who claimed an abuse of dominance by a competitor in the market of raw materials for magistral preparations and packaging material (Cuyckens / Omega Pharma)
Belgian Competition Authority (Brussels)
On 30 June 2015 the Competition College of the Belgian Competition Authority, rejected an appeal of pharmacist Cuyckens against a dismissal decision of the Investigation and Prosecution Service of 31 March 2015.* Mr Cuyckens filed on 20 November 2002 a complaint with the Competition Council (...)

The Arbitration Appeal Court of Moscow confirms the fine imposed on a pharmaceutical company for abuse of dominance (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court confirmed: “Novo Nordisk” violated the antimonopoly law* On 22 June 2015, the 9th Arbitration Appeal Court upheld the judgment of the Court of First Instance and pronounced legitimacy of the decision of the Federal Arbitration Service (FAS Russia) that “Novo Nordisk” Ltd. had (...)

The Arbitration Court of Moscow confirms the decision of the Russian Competition Authority having concluded that a pharmaceutical company has abused of its dominance (Baxter)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court: FAS decision and determination regarding “Baxter” are legitimate* On 16 June 2015, the Arbitration Court of the Moscow District (Cassation Court) confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) as well as the Order to hold (...)

The Arbitration Appeal Court of Moscow confirms the fine imposed on a pharmaceutical company for abuse of dominance (Teva)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court confirmed legitimacy of the fine upon TEVA* On 11 June 2015, the 9th Arbitration Appeal Court dismissed the appeal filed by TEVA PHARMACEUTICAL INDUSTRIES LIMITED (Israel) against FAS definition (1) to hold TEVA administratively liable for failure to execute a determination. In (...)

The Canadian Competition Bureau issues draft IP enforcement guidelines that will have practical implications for the pharmaceutical industry
Davies Ward Phillips & Vineberg (Toronto)
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Davies Ward Phillips & Vineberg (Toronto)
Canada’s Updated Draft Intellectual Property Enforcement Guidelines and the Pharmaceutical Industry* I. INTRODUCTION In June 2015, Canada’s Competition Bureau released its updated draft of the Intellectual Property Enforcement Guidelines (“Draft IPEGs”) for public review and consultation. The (...)

The Chinese NDRC targets price-related illegal conducts in the pharmaceutical sector
King & Wood Mallesons (Beijing)
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King & Wood Mallesons (Beijing)
NDRC Targets Price-related Illegal Conducts in the Pharmaceutical Sector* On May 4, 2015, the NDRC published Notice on Reinforcing Supervision over Medical Prices (“Notice”). In the Notice, the NDRC issued a range of specific opinions on the supervision over medical price, including immediately (...)

The FTC seeks to secure first disgorgement in nearly a decade (Cardinal Health)
Womble Carlyle Sandridge & Rice (Charlotte)
FTC Seeks to Secure First Disgorgement in Nearly a Decade* The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the settlement would (...)

A US district court dismisses claims of conspiracy to protect a monopoly by "product hopping", citing risk to slow or halt pharmaceutical innovation (Mylan / Warner Chilcott)
BakerHostetler (Philadelphia)
Product Hopping and Antitrust: Mylan Court Dismisses Claims on Summary Judgment, Citing Need to Avoid Chilling Pharmaceutical Innovation* A recent summary judgment opinion from the Eastern District of Pennsylvania breaks new ground in the developing antitrust law on “product hopping” claims. (...)

The Moscow Arbitration Court confirms the fine imposed on a pharmaceutical laboratory for abuse of dominance (Teva)
Russian Federal Antimonopoly Service (Moscow)
The fine upon TEVA is legitimate* On 1 April 2015, Moscow Arbitration Court pronounced legitimacy of FAS determination (1) to hold TEVA PHARMACEUTICAL INDUSTRIES LIMITED (Israel) administratively liable. Earlier, in December 2013, the antimonopoly body found that TEVA violated Clause 5 Part 1 (...)

The Netherlands Authority for Consumers and Markets provides insight into the application of competition law to the pricing and marketing strategies of originator companies
Simmons & Simmons (Brussels)
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Simmons & Simmons (Brussels)
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Simmons & Simmons (Amsterdam)
In brief In a policy paper, the Netherlands Authority for Consumers and Markets (ACM) examines how it can deal under competition law with pricing and marketing strategies of originators which impede the market entry of cheaper generic medicines. It focuses in particular on the strategies aimed (...)

The Arbitration Appeal Court of Moscow confirms that a pharmaceutical company has abused of its dominance (Baxter)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court supported FAS arguments on the case against “Baxter” CJSC* On 17 February 2015, the 9th Arbitration Appeal Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) on the antimonopoly case against “Baxter” CJSC, and a definition on (...)

Louisiana’s Attorney General sues a pharmaceutical company for violating antitrust rules by filing baseless citizen petitions to the US Food and Drug Administration in order to delay the entry of a generic medicament in the market (GlaxoSmithKline)
DLA Piper Weiss-Tessbach (Vienna)
Louisiana’s Attorney General sues GlaxoSmithKline over delay of generic nasal spray* In December 2014 Louisiana’s attorney general (AG) filed a complaint against GlaxoSmithKline (GSK) alleging that GSK engaged in an anticompetitive scheme to delay the entry of a generic version of its Flonase (...)

The Bulgarian Competition Authority rules on parallel trade of pharmaceuticals products and its limitations (Sopharma)
Tsvetkova Bebov Komarevski (Sofia)
Restrictions of Parallel Trade in Pharmaceuticals – Carte Blanche from the Bulgarian Competition Authority?* The Bulgarian Competition Protection Commission (“CPC” or “Commission”) has recently issued an important decision regarding the parallel trade of pharmaceuticals and the possibilities for (...)

The Russian Competition Authority sends a warning to a pharmaceutical company suspected to abuse of its dominance (Roche)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning to “Roche Diagnostics Rus”* On 17 December 2014, the Federal Antimonopoly Service (FAS Russia) issued a warning to “Roche Diagnostics Rus” Ltd. to stop actions that have elements of violating the antimonopoly law. FAS sees signs that “Roche Diagnostics Rus” Ltd. unreasonably (...)

The Russian Competition Authority fines a pharmaceutical company for refusal to supply insulin (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
FAS imposed a turnover fine upon “Novo Nordisk” for refusal to supply insulin* On 15 December 2014, the Federal Antimonopoly Service (FAS Russia) found that “Novo Nordisk” Ltd. committed an administrative offence and imposed a fine for over $ 30 million RUB. “Novo Nordisk” Ltd. violated the law by (...)

A US District Court allows “product hopping” claims to proceed based on allegations of removal of prior formulation and disparagement of generic competition (Suboxone)
Patterson Belknap Webb & Tyler (New York)
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Patterson Belknap Webb & Tyler (New York)
Court Allows “Product Hopping” Claims to Proceed in Suboxone Litigation Based on Allegations of Removal of Prior Formulation and Disparagement of Generic Competition* We’ve previously discussed antitrust claims related to “product hopping”—allegations that pharmaceutical manufacturers have (...)

The Russian Competition Authority fines a pharmaceutical laboratory having not executed a warning (Teva)
Russian Federal Antimonopoly Service (Moscow)
TEVA is fined for failure to execute FAS determination* On 20th October 2014, the Federal Antimonopoly Service (FAS Russia) held TEVA PHARMACEUTICAL INDUSTRIES LIMITED (Israel) administratively liable for failure to execute a determination and fined the company 300,000 RUB. In December 2013, (...)

The Moscow Arbitration Court confirms the warning addressed to a pharmaceutical company having refused to supply the unique medicine for treating renal deficiency by peritoneal dialysis (Baxter)
Russian Federal Antimonopoly Service (Moscow)
Actions of “Baxter” CJSC are pronounced unlawful* On 25th September 2014, Moscow Arbitration Court confirmed legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) in the case against “Baxter” CJSC for violating the antimonopoly law. The company refused to (...)

The Russian Competition Authority concludes that a pharmaceutical company has abused of its dominance by refusing to supply medicines without any economic or technological reasons (Novo)
Russian Federal Antimonopoly Service (Moscow)
“Novo Nordisk” again violated the antimonopoly law* On 25th August 2014, the FAS Commission found that “Novo Nordisk” Ltd. violated Clause 5 Part 1 Article 10 of the Federal Law “On Protection of Competition” by refusing to supply medicines without any economic or technological reasons. Earlier FAS (...)

The Brazilian Administrative Council for Economic Defense renders two legal opinions in investigations related to sham litigation practices (Eli Lilly do Brasil)
Tauil & Chequer (in cooperation with Mayer Brown)
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Tauil & Chequer (in cooperation with Mayer Brown)
On August 20, 2014, the General Superintendence of the Administrative Council for Economic Defense (“CADE”) rendered two legal opinions in investigations related to sham litigation practices recommending to CADE’s Tribunal: (i) the conviction of the companies Eli Lilly do Brasil Ltda. and Eli (...)

A US Court of Appeals rules that one firm’s ability to break into the relevant market does not foreclose the possibility that another company monopolized or attempted to monopolize said market (Lenox / Medtronic)
Wolters Kluwer (Riverwoods)
Monopoly Claims Can Survive Summary Judgment: Medtronic Must Defend Conduct in “Bone Mill” Market* One firm’s ability to break into the market for “bone mills” used in spinal-fusion surgery did not foreclose the possibility that medical device company Medtronic monopolized or attempted to (...)

A US District Court allows a bundling claim to proceed under Sherman Act Section 1, even after dismissing other claims for lack of market or monopoly power (Schuylkill Health Systems / Cardinal Health)
University of Michigan
Can Bundled Discounts Be Illegal If Offered by a Firm Without Market Power?* Bundled discounts are common marketing schemes that normally benefit consumers and competition; however, courts and commentators have found certain circumstances when they might be illegal monopolization. The line (...)

The French Competition Authority fines a pharmaceutical laboratory for abuse of dominance by refusing to sell its medical information database (Euris / Cegedim)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence has imposed Cegedim a 5.7 million euros fine for having abusively refused to sell its medical information database to certain pharmaceutical laboratories* The medical databases (...)

The Moscow Arbitration Appeal Court confirms the legitimacy of a warning delivered by the Russian Competition Authority to a pharmaceutical company having abused of its dominance (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court confirmed legitimacy of FAS warning to “Novo Nordisk”* On 23rd June 2014, the 9th Arbitration Appeal Court dismissed the appeal of “Novo Nordisk” Ltd. on a judgment of Moscow Arbitration Court that supported a FAS warning issued to “Novo Nordisk” Ltd. with regard to some elements of (...)

The Russian Competition Authority gives its position on a dispute between vaccine producers (GlaxoSmithKline / Pfizer)
Russian Federal Antimonopoly Service (Moscow)
FAS position on a dispute between vaccine producers* The Federal Antimonopoly Service completed surveying product boundaries of the market of pneumococcal vaccines for children aged from 1.5 month to 5 years. The analysis was initiated upon two mutually exclusive petitions from vaccine (...)

The Russian Competition Authority welcomes the refusal of a pharmaceutical company to challenge its warning (Baxter)
Russian Federal Antimonopoly Service (Moscow)
“Baxter” CJSC refused to challenge a FAS warning* On 17th April 2014, “Baxter” CJSC withdrew an appeal lodged to the 9th Arbitration Appeal Court to invalidate a FAS warning that refusing to supply a unique drug for treating renal deficiency through peritoneal dialysis was unacceptable. The Appeal (...)

The Lisbon Appeal Court revises an arbitral award in a dispute between the National Pharmacy Association and IMS Health (Associação Nacional de Farmácias and Farminveste / IMS Health)
New University of Lisboa - Faculty of Law
Replacing a previous contract, the National Pharmacy Association (ANF) executed a contract with IMS Health in 2008, by which it transmitted to the latter data on purchases in its associated pharmacies, in exchange for remuneration. This data was used to provide pharma market intelligence in a (...)

The Russian Competition Authority fines a pharmaceutical company for abuse of dominance in the market of treating renal deficiency through peritoneal dialysis (Baxter)
Russian Federal Antimonopoly Service (Moscow)
“Baxter” unlawfully restricted competition on the market of medicines for treating renal deficiency* “Baxter” CJSC restricted competition and infringed the interests of “Medical Service Company” Ltd. by unlawfully refusing to supply a unique drug for treating renal deficiency through peritoneal (...)

The Moscow Arbitration Court upholds the warning delivered by the Russian Competition Authority against a pharmaceutical company aiming to eliminate disadvantageous contract conditions (Novo Nordisk)
Russian Federal Antimonopoly Service (Moscow)
Moscow Arbitration Court confirmed legitimacy of a FAS warning issued to “NovoNordisk”* On 14th March 2014, Moscow Arbitration Court confirmed legitimacy of a warning issued by the Federal Antimonopoly Service (FAS Russia) to “Novo Nordisk” Ltd. due to elements of violating Clauses 3 and 5 Part 1 (...)

The Australian Competition and Consumer Commission institutes proceedings in the Federal Court against pharmaceutical producer for alleged misuse of market power and exclusive dealing in relation to its supply of atorvastatin to pharmacies (Pfizer)
Australian Competition and Consumer Commission (Canberra)
ACCC takes action against Pfizer Australia for alleged anti-competitive conduct* The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court of Australia against Pfizer Australia Pty Ltd (Pfizer) for alleged misuse of market power and exclusive dealing in (...)

The Italian Council of State reinstates penalties against pharmaceutical company for filing application for a divisional patent and its related SPC concerning a class of molecules already covered by the main patent (Pfizer)
Ashurst (Milan)
Italy’s Council of State reinstates the fine imposed on Pfizer for delaying a generic’s market entry* On 12 February 2014, Italy’s Council of State (the “CdS”) dismissed the ruling of the lower administrative court (the “TAR Lazio”) which quashed the decision of Italian Competition Authority (the (...)

The Moscow Arbitration Court upholds the decision of the Russian Competition Authority delivering a warning against a pharmaceutical company refusing to deal with a medical service provider (Baxter)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court supported FAS Russia: “Baxter” should have listened to warning* On 27th January 2014, Moscow Arbitration Court confirmed legitimacy of the warning issued by the Federal Antimonopoly Service (FAS Russia) to “Baxter” CJSC due to signs of violating the antimonopoly law (Clause 5 (...)

The French Competition Authority fines a pharmaceutical company €15.3 M for preventing market entry of a generic (Arrow / Schering-Plough)
Fidal (Lyon)
Introduction On 18th December 2013, the French Competition Authority handed down a significant decision in the pharmaceutical sector. The Competition Authority considered that Schering-Plough had abused its dominant position by impeding the entry of the generic product onto the market. In (...)

The French Competition Authority fines a pharmaceutical laboratory particularly for abuse of dominance by denigrating its competitors and for implementing anticompetitive agreements with its supplier (Arrow / Schering-Plough)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence fines the Schering-Plough pharmaceutical laboratory a total of 15.3 million euro for hindering entry onto the market of the generic of its originator medicinal product Subutex®* (...)

The England and Wales Court of Appeal refuses interim injunction against alleged refusal to deal as claimant failed to identify any market on which the defendant could conceivably be dominant (Chemistree Homecare / Abbvie)
St John’s Chambers (Bristol)
United Kingdom: interim injunctions in competition litigation* Private competition litigation is continuing to develop in the United Kingdom. The courts and the Competition Appeal Tribunal are seeing an increase in the number and complexity of follow-on damages actions, often between foreign (...)

The Bulgarian Competition Authority holds that national health insurance fund is not an undertaking for the purpose of competition law enforcement (NZOK)
Faculty of Law - University of Macau
On 17 July 2013 the Bulgarian Competition Authority (CPC) rejected the abuse of dominance complaints submitted by the pharmaceuticals traders against the National Health Insurance Fund (NZOK). In its two no-infringement decisions the CPC held that NZOK should not be viewed as undertaking in (...)

The US Supreme Court reverses the judgment of the 11th circuit and leaves the structuring of the rule of reason antitrust litigation to the lower courts (Actavis)
Cleveland-Marshall School of Law
Just What on Earth Did Actavis Really Say? And Does It Mean Something for Section 1 More Broadly?* It’s going to be a strict, nearly-per-se quick look rule, folks, in more or less every reverse-payment case likely to be brought from here on out. Dollars-to-donuts. A few weeks have gone by, (...)

The French Competition Authority fines a pharmaceutical company for having implemented a strategy of denigrating the generic versions of its branded drug (Sanofi-Aventis)
European Commission
France: The Autorité de la Concurrence fines Sanofi-Aventis € 40 600 000 for denigrating Generic Versions of branded Drug Plavix* On 14 May 2013, following a complaint from the generics manufacturer Teva Santé, the Autorité de la concurrence (the Autorité) imposed a fine of € 40 600 000 on (...)

The Romanian Competition Authority rejects a complaint regarding on refusal to supply in the pharmaceutical sector (Roche)
Nestor Nestor Diculescu Kingston Petersen (Bucharest)
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Nestor Nestor Diculescu Kingston Petersen (Bucharest)
On 19 May 2013, following the principles established by the European preliminary ruling in GlaxoSmithKline, the Romanian Competition Council (“RCC”) held that La Roche (“Roche”) did not abuse its dominant position on the pharmaceuticals distribution market. On 24 September 2010, SC Relad (...)

The Romanian Competition Authority follows case law precedent and finds no abuse of dominance on the pharmaceuticals distribution market (Roche)
Faculty of Law - University of Macau
On 8 May 2013 the Romanian Competition Authority (CC) concluded its investigation into the alleged abuse of dominant position in the pharmaceuticals wholesale market. Finding no evidence that would demonstrate that the manufacturer attempted to prevent the re-importation of its products into (...)

The UK OFT issues statement of objections to certain pharmaceutical companies alleging they acted to delay effective competition in the UK supply of a medicine (GSK / GUK / Alpharma / IVAX)
European Commission
United Kingdom: The OFT issues Statement of Objections in Case involving Pharmaceutical Companies* On 19 April 2013, the Office of Fair Trading (OFT) issued a Statement of Objections to certain pharmaceutical companies alleging they acted to delay effective competition in the UK supply of (...)

The Cypriot Commission for Protection of Competition imposes administrative fines for providing quantitative discounts according to the volumes of vaccines purchased by doctors and pharmacists (Wyeth Hellas & Phadisco)
Commission for the Protection of Competition of the Republic of Cyprus (Nycosia)
The Commission for the Protection of Competition (CPC) with its decision No. 36/2013 imposed an administrative fine of €206,168 on Phadisco Ltd and an administrative fine of €8,234 to Wyeth Hellas SA (Cyprus Branch), through its successor Pfizer Hellas S.A. (Cyprus Branch), regarding the (...)

The English High Court dismisses interim injunction in abuse of dominance case concerning refusal to supply in HIV prescription medicines market (Chemistree Homecare / Abbvie)
Van Bael & Bellis (Brussels)
On 11 February 2013, the English High Court dismissed an application for an interim injunction in an abuse of dominance case concerning an alleged refusal to supply a patented HIV prescription medicine. Chemistree Homecare Ltd (the “claimant”) had applied for an interim injunction against (...)

The Italian Council of State reinstates a € 5.1 M fine initially imposed on a pharmaceutical company by the NCA for its alleged abuse of dominant position in the market for the production and commercialisation of fosetyl-based fungicides (Bayer)
Van Bael & Bellis (Brussels)
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White & Case (Brussels)
On 22 January 2013, it was reported that the Italian Council of State – Italy’s highest jurisdiction in competition cases – had reinstated a € 5.1 million fine against Bayer initially imposed on the company by the Italian Competition Authority (“ICA”) for its alleged abuse of dominant position (...)

The Italian Council of State rules on the issue of dominant firms’ duty to supply essential information beyond the requirements of sector regulation (BCS)
University of Naples "Federico II"
Italy’s highest administrative court handed down an important ruling on the issue of the dominant firms’ duty under Article 102 TFEU to grant their competitors access to essential information when sector regulation encourages such a disclosure. By its judgment of 11 January 2013, no. 548 (the (...)

The Italian Supreme Administrative Court reinstates the NCA’s decision fining a pharmaceutical group for abuse of dominant position in the market for the production and commercialisation of fosetyl-based fungicides against downy mildew in grapes (Bayer)
Covington & Burling (Brussels)
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University Bocconi
With decision of 11 January 2013, the Italian Supreme Administrative Court (Consiglio di Stato) quashed a judgment of the Italian Administrative Court of First Instance (TAR Lazio) and upheld the 2011 Italian Competition Authority’s (ICA) decision fining Bayer CropScience AG and Bayer (...)

The EU Court of Justice entirely dismisses pharmaceutical company’s appeal on abusive patent misuse (AstraZeneca)
Mircea & Partners (Bucharest)
I. Introduction On 6 December 2012, the CJEU issued its judgment in the long-running AstraZeneca litigation. The General Court’s judgment has been upheld in its entirety. The only victorious battle scored by the appellant refers to what type of conduct before the national regulatory authorities (...)

The EU Court of Justice upholds the abuse of patents system and the procedures for marketing pharmaceutical products in order to prevent or delay the arrival of competing generic medicinal products on the market for proton pump inhibitors (AstraZeneca)
Ashurst (Milan)
ECJ rejects appeal relating to abuse of the patent system and the procedures for marketing of drugs* On 6 December 2012, the European Court of Justice (“ECJ”) handed down its ruling rejecting AstraZeneca’s (“AZ”) appeal in relation to the Losec case. In the first instance, the General Court largely (...)

The ECJ dismisses pharmaceutical company’s appeal against Commission and EU General Court’s findings that it abused its dominant position by misusing patent systems and pharmaceutical marketing procedures in order to exclude generic competitors from the market and to restrict parallel imports (AstraZeneca)
Herbert Smith Freehills (Brussels)
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Herbert Smith Freehills (London)
1. Introduction The Court of Justice of the EU (ECJ) has dismissed AstraZeneca’s appeal against the Commission’s and General Court’s findings that the company abused its dominant position under Article 102 TFEU by misusing the patent system and pharmaceutical marketing procedures in order to (...)

The Italian Administrative Court of First Instance quashes the NCA’s decision against pharmaceutical company for misuse of patent (Pfizer)
Bonelli Erede (Rome)
In its judgment delivered on 3 September 2010, the Italian Court of First Instance (‘TAR Lazio’) quashed the decision by which the Italian Competition Authority (‘ICA’) fined Pfizer EUR 10.6 million for having abused its dominant position in the visual glaucoma medicine market, by blocking or (...)

Advocate General Mazak issues his opinion recommending dismissing appeal against pharma company’s abuse of dominance (AstraZeneca)
Baker McKenzie (Brussels)
AstraZeneca v Commission, Advocate-General Mazak’s Opinion of 15 May 2012* On 15 May 2012, Advocate-General Mazák delivered his long awaited Opinion to the European Court of Justice in the long-running AstraZeneca litigation. Practitioners hoping for an opinion that tempered some of the more (...)

The Indian Patents Office grants its first compulsory licence in the pharmaceutical industry (Natco / Bayer)
Shardul Amarchand Mangaldas & Co (New Delhi)
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Indian Competition Commission (New delhi)
The Curious Case of Compulsory Licensing in India* In a move that has alarmed the pharmaceutical industry, in March 2012 the Indian Patents Office granted its first compulsory licence, for the manufacture and sale of Bayer’s patented drug Nexavar, in Natco Pharma Limited v Bayer Corporation (...)

The Italian Competition Authority fines a leading pharmaceutical company for an infringement of art. 102 TFEU by misusing patent (Pfizer)
LUISS Guido Carli University (Rome)
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OECD - Competition Division (Paris)
Introduction On the 11th of January 2012 the Italian Competition Authority (ICA), with decision no. 23194, closed its investigation against Pfizer, initiated in October 2010 following a complaint by Ratiopharm Italia, a generic drug producer. Pfizer had been accused of putting in place a (...)

The Italian Competition Authority sanctions company for abuse of dominance challenging divisional patent filing in the visual glaucoma drugs industry resting on effects-based approach (Pfizer)
Gatti Pavesi Bianchi
Evolution or Revolution? The Italian Competition Authority and the Pfizer Decision: A Reply to Thomas Graf* In his last post, Thomas Graf pointed out, as brilliantly and persuasively as he customarily does, the key features and implications of the Jan. 11, 2012 decision of the Italian (...)

The Italian Competition Authority fines anti-competitive practices aimed at delaying market entry for generic medicines (Pfizer)
European Commission
Italy: The Competition Authority fines anti-competitive Practices aimed at delaying Market Entry for generic Medicines* On 11 January 2012, the Italian Competition Authority (ICA) sanctioned the multinational pharmaceutical group Pfizer (Pfizer) for a violation of Article 102 TFEU and imposed (...)

The Italian Competition Authority fines company for abuse of dominance relating to visual glaucoma drugs challenging divisional patent filings (Pfizer)
Cleary Gottlieb Steen & Hamilton (Brussels)
Italian Competition Authority Challenges Patent Measures* The Italian Competition Authority started the New Year with a bang by imposing a fine of more than EUR 10 million on Pfizer for alleged abuses of the patent system in violation of Article 102 TFEU. The decision is available here. The (...)

The Italian Competition Authority fines a leading pharmaceutical company € 10.6 M for abusing its dominant position (Pfizer)
DG COMP (Brussels)
The Italian Competition Authority (AGCM) has fined the Pfizer group, a multinational company in the pharmaceutical sector, a total of 10.6 million euro for abusing its dominant position in the market for commercializing glaucoma medicines based on the active ingredient latanoprost. The Pfizer (...)

A US District Court denies a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant having filed an ANDA with the FDA (Shionogi Pharma / Mylan)
Sheppard Mullin (Los Angeles)
ANDA Automatic Stay of FDA Approval Does Not Defeat Standing in Sham Litigation Antitrust Counterclaim* The District of Delaware recently denied a motion to dismiss an antitrust counterclaim in a patent infringement action in the wake of defendant Mylan, Inc. ("Mylan") having filed an (...)

The European Commission announces the closure of its antitrust investigation in the pharmaceutical sector (Almirall/Boehringer)
Van Bael & Bellis (Brussels)
On 6 July 2011, the European Commission announced that it has closed its antitrust investigation into allegations by Spanish pharmaceutical company Almirall that the German pharmaceutical company Boehringer Ingelheim filed for unmeritous patents in the area of new treatments for lung diseases (...)

The Italian Competition Authority fines a leading chemical company €5 M for refusal to grant access to research data (Bayer CropSciences)
Van Bael & Bellis (Brussels)
On 5 July 2011, it was announced that the Italian Competition Authority (“ICA”) has fined Bayer CropSciences and Bayer Italia AG (together, “Bayer”) € 5.1 million for abuse of their dominant position on the market for the production and commercialisation of fosetyl-based fungicides (i.e., pesticides (...)

The German Competition Authority orders a producer of laboratory chemicals to cease discriminatory treatment of its customers (Merck)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 19 May 2011, the German Federal Cartel Office (“FCO”) found that Merck KGaA (“Merck”) had abused its dominant position in the markets for several laboratory chemical products by discriminating among its customers. According to the FCO, Merck provided more favourable sales conditions to its (...)

The German Competition Authority orders a producer of laboratory chemicals to cease discriminatory treatment of its customers (Merck)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 19 May 2011, the German Federal Cartel Office (“FCO”) found that Merck KGaA (“Merck”) had abused its dominant position in the markets for several laboratory chemical products by discriminating among its customers. According to the FCO, Merck provided more favourable sales conditions to its (...)

The German Competition Authority orders a producer of laboratory chemicals to cease discriminatory treatment of its customers (Merck)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 19 May 2011, the German Federal Cartel Office (“FCO”) found that Merck KGaA (“Merck”) had abused its dominant position in the markets for several laboratory chemical products by discriminating among its customers. According to the FCO, Merck provided more favourable sales conditions to its (...)

The German Competition Authority orders a producer of laboratory chemicals to cease discriminatory treatment of its customers (Merck)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 19 May 2011, the German Federal Cartel Office (“FCO”) found that Merck KGaA (“Merck”) had abused its dominant position in the markets for several laboratory chemical products by discriminating among its customers. According to the FCO, Merck provided more favourable sales conditions to its (...)

The Belgian Competition Council returns a case to the College of Prosecutors for having failed to consider the repeated nature of an abuse of dominance in the pharmaceutical sector (Omega Pharma)
Philippe & Partners (Brussels)
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Arendt & Medernach (Luxembourg)
I. The parties The plaintiff is an independent Belgian dispensing chemist. The defendant is Omega Pharma NV (here after “Omega Pharma”) an important supplier of raw material and packaging products also active in the field of “Over-The-Counter” products (OTC-products). The decision analysed is (...)

The UK Department of Health seeks antitrust damages after an abuse of dominant position in the pharmaceutical sector (Reckitt Benckiser)
Van Bael & Bellis (Brussels)
According to press reports, the UK Department of Health, together with 10 health authorities and 144 primary care trusts, has launched an action for damages against Reckitt Benckiser in the High Court. This follows the OFT’s decision to fine Reckitt Benckiser £ 10.2 million for abusing its (...)

The UK Department of Health seeks antitrust damages after an abuse of dominant position in the pharmaceutical sector (Reckitt Benckiser)
Van Bael & Bellis (Brussels)
According to press reports, the UK Department of Health, together with 10 health authorities and 144 primary care trusts, has launched an action for damages against Reckitt Benckiser in the High Court. This follows the OFT’s decision to fine Reckitt Benckiser £ 10.2 million for abusing its (...)

A US District Court dismisses indirect purchaser class actions challenging proposed reverse payment agreements as anticompetitive on an allegation of preventing a cheaper generic medicine to enter the market sooner (Plavix Indirect Purchaser)
Sheppard Mullin (San Francisco)
Indirect Purchaser Plavix Class Actions Tossed for Lack of Antitrust Standing* On January 31, 2011, the District Court for Southern District of Ohio granted defendants’ Rule 12(b)(6) motion, dismissing indirect purchaser class actions that challenged proposed reverse payment agreements as (...)

The UK OFT agrees to reduce the fine imposed against a pharmaceutical firm for abuse of its dominant position (Reckitt Benckiser)
European Commission
United Kingdom: Early Resolution Agreement in Reckitt Benckiser Abuse Case On 15 October 2010, the OFT announced that it had agreed to reduce the proposed fine by £ 1,800,000 (about € 1,162,040) to £ 10,200,000 (about € 6,584,893), following Reckitt Benckiser’s admission and decision to co-operate (...)

The UK OFT reaches early resolution agreement in abuse of dominance investigation in the pharmaceutical sector (Reckitt Benckiser, Gaviscon)
UK Competition Appeal Tribunal (London)
On 15 October 2010, the UK Office of Fair Trading (OFT) announced that it had reached an early resolution agreement with Reckitt Benckiser whereby the OFT agreed to reduce the fine it would impose on Reckitt Benckiser in return for the company’s admission of infringement of the Chapter II (...)

The Italian Competition Authority investigates the allegations of foreclosure of market access for a new generic drug for treating visual glaucoma (Pfizer)
Ashurst (Milan)
Italian Competition Authority investigates Pfizer’s effort to obstruct market access for a new generic drug for treating visual glaucoma* On 13 October 2010, the Italian Competition Authority (“ICA”) opened an investigation to ascertain whether Pfizer’s attempt to prolong the patent protection for (...)

The EU General Court confirms abuse of dominance by preventing the market entry or the parallel imports of generic medicinal products (AstraZeneca)
Ashurst (Milan)
ECJ upholds European Commission decision against AstraZeneca* On 1 July 2010, the European Union’s General Court (or “GC”, formerly the Court of First Instance) handed down its judgment against the AstraZeneca Group (“AZ”) for having abused its dominant position by preventing the market entry or (...)

The EU General Court fines a company for abuse of a dominant position in the pharmaceutical sector addressing the issues of market definition and dominance analysis (AstraZeneca)
Cleary Gottlieb Steen & Hamilton (Brussels)
The General Court’s Judgment In AstraZeneca, Lessons For Market Definition And Dominance Analysis* On July 1, 2010, the European General Court rendered its judgment in the AstraZeneca case, dismissing for the most part AstraZeneca’s appeal against the Commission’s infringement decision of June (...)

The Bulgarian Competition Authority fines the National Health Insurance Fund for imposing maximum retail margins for medicines sold under the national health insurance scheme (National Health Insurance Fund)
Faculty of Law - University of Macau
On 7 July 2010 the Bulgarian Competition Authority (CPC) established that the National Health Insurance Fund (NZOK) has abused its dominant position on the market for medicines reimbursed under the national health insurance scheme by imposing the maximum retail margins to be applied by the (...)

The EU General Court upholds “novel” approach to abuse of dominance in pivotal pharma appeal (AstraZeneca)
Linklaters (Brussels)
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Linklaters (Brussels)
,
Linklaters (Brussels)
On July 1, 2010, the General Court ruled in an appeal against the European Commission’s first ever finding of abuse of a dominant position by a pharma company. The Court has broadly upheld a Decision the Commission itself characterised as “novel”, but reduced the €60 million fine on AstraZeneca to (...)

The French NCA rejects a claim for interim measures but holds that a pharmaceutical company may be at fault for promoting the differences between its product and competing generic products whereas such differences have no therapeutic value (Sanofi-Aventis)
Vogel & Vogel (Paris)
Since 1998, the Sanofi-Aventis France laboratory has been marketing an antiplatelet medication, Plavix(r), whose intellectual property protection expired on 15 July 2008 in Europe, with the exception of the rights protecting clopidogrel salt used in Plavix(r) and the clopidogrel-aspirin (...)

The French Competition Authority opens in-depth investigation of alleged abuse of dominance as regards the exclusion of generic competition (Sanofi-Aventis)
Ashurst (Milan)
French Competition Authority probes Sanofi-Aventis alleged abuse against generic manufacturers* On 17 May 2010, the French Autorité de la concurrence (French Competition Authority, “FCA”) determined to open a fully fledged investigation (under Article 102 TFEU) into Sanofi-Aventis allegedly (...)

The UK Competition Authority issues a statement of objections for alleged abuse of a dominant position in the pharmaceutical sector (Reckitt Benckiser)
European Commission
United Kingdom: The Office of Fair Trading (OFT) Issues Statement of Objections for Alleged Abuse of a Dominant Position in the Pharmaceutical Sector On 23 February 2010, the OFT issued a Statement of Objections alleging that Reckitt Benckiser abused its dominant position in the market for the (...)

The Romanian Competition Council rejects a complaint regarding market entry of generics and price fixing in healthcare sector (Actavis, Novartis Pharma, Novartis)
Musat & Asociatii (Bucharest)
On January the 20th 2010 the Romanian Competition Council (the ‘Council’) issued the Decision 03/2010 rejecting a complaint filed by Actavis Group PTC (‘Actavis’) against two companies belonging to the Novartis Group - Novartis Pharma GmbH and Novartis AG (‘Novartis’) alleging a breach of the (...)

The French Competition Authority dismisses allegation of abuse against a pharmaceutical company (Sanofi-Aventis)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
In a recently published decision of 14 January 2010, the French Competition Authority dismissed the allegation of the French Minister for the Economy against Sanofi-Aventis (“Sanofi”) concerning that firm’s pricing practices on the market for the supply of low-molecular-weight heparins (“LMWHs”) (...)

The US Court of Appeals for the Second Circuit states that direct purchasers of antidiuretic medicine have antitrust standing in patent infringement suit (DDAVP)
Stanford University - Stanford Law School
2nd Circuit finds DDAVP purchasers stated Walker Process and related claims and had antitrust standing* On 16 October 2009 the Court of Appeals for the Second Circuit held (In re: DDAVP Direct Purchaser Antitrust Litigation) that direct purchasers of desmopressin acetate tablets, sold under (...)

The French Competition Authority rejects request for interim measures in pharmaceutical sector (Ratiopharm, Janssen-Cilag France)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
In a decision of 31 July 2009, which was made public on 7 September 2009, the French Competition Authority rejected German generic pharmaceutical company Ratiopharm‘s request for interim measures against Janssen-Cilag France (“Janssen”), the maker of Durogesic. The move follows a complaint lodged (...)

The Athens Administrative Court of Appeal partially annuls the decision of the Hellenic Competition Commission on the parallel trade of pharmaceuticals (GlaxoSmithKline)
Mikroulea, Staikouras & Associates (Athens)
I. Introduction On 30 June 2009, the Athens Administrative Court of Appeal (Dioikitiko Efeteio Athinon, hereafter: the Court) delivered Decision No 2019/2009 annulling partially Decision No 318/V/2006 of the Hellenic Competition Commission (Elliniki Epitropi Antagonismou, hereafter: HCC) to (...)

The Cypriot Commission for the Protection of Competition holds two pharmaceutical companies as having abused their dominant position in the vaccines market throught quantitative reductions and free distribution of vaccines (Akis Panayiotou - Wyeth Hellas - Phadisco)
Antoniou McCollum (Nicosia)
The Cyprus Commission for the Protection of Competition (“CPC”) found the Wyeth Hellas A.E.B.E. Pharmaceutical Products (Cyprus branch) (“Wyeth”) and Phadisco Ltd (“Phadisco”) to have abused its dominant position in the market of pneumonococcus vaccines, in violation of article 6(1)(d) of the (...)

The President of the Belgian Competition Council confirms refusal by the Competition Auditor to adopt interim measures following alleged abuse of dominance by 10 pharmaceutical companies concerning pharmaceuticals parallel imports (Bofar)
Sheppard Mullin (Brussels)
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Hogan Lovells (Amsterdam)
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European Court of Justice (Luxembourg)
Introduction On 2 April 2009, the President of the Belgian Competition Council rejected the appeal by Bofar NV ("Bofar") against the decision of the Competition Auditor, which rejected Bofar’s request for interim measures following an alleged abuse of dominance by 10 pharmaceutical companies. (...)

The French Supreme Court confirms rebutting of an appeal against an NCA’s decision sanctioning predatory pricing in the market for sodic cefuroxime (GlaxoSmithKline)
White & Case (Paris)
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Cullen International (Brussels)
On 17 March 2009, the French Supreme Court confirmed a case dated 8 April 2008 in which the Paris Court of Appeal overruled a decision by the French NCA (the “NCA”) sanctioning GlaxoSmithLine (“GSK”) for predatory pricing in the market for sodic cefuroxime. Background This case does not reflect (...)

The European Court of Justice rules again on repackaging in parallel-traded pharmaceuticals (The Wellcome Foundation)
Van Bael & Bellis (Brussels)
On 22 December 2008, the European Court of Justice (“ECJ”) gave judgment in a reference for a preliminary ruling from the Austrian Supreme Court regarding the rules governing the repackaging of parallel-traded pharmaceuticals (The Wellcome Foundation Ltdv. Paranova Pharmazeutika Handels GmbH). (...)

The Korean Fair Trade Commission plans to strenghten enforcement against abuse of intellectual property rights by IT and pharmaceutical companies
Jones Day (Beijing)
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Winston & Strawn (New York)
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Jones Day (Tokyo)
On December 18, 2008, the primary competition law agency of Korea, the Korea Fair Trade Commission (« KFTC »), submitted to the President of Korea the KFTC’s business plan for 2009. Among other priorities, the KFTC stated that it plans to « strengthen enforcement against abuse of intellectual (...)

The Turkish competition board re-evaluates a complaint of abuse of dominant position in the pharmaceutical sector upon the annulment decision of the State Council (Roche Mustahzarlar)
Erdem & Erdem (Istanbul)
The Turkish Competition Board (hereinafter referred to as “CB”) had re-evaluated the allegations about the abuse of dominant position by Roche Mustahzarları A.S. (hereinafter referred to as “Roche”), upon the annulment decision of the 13th Chamber of the State Council numbered 31.03.2008 and (...)

The EU Court of Justice issues judgment on restrictions of parallel trade in pharmaceuticals (Lélos kai Sia)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 16 September 2008, the European Court of Justice (“ECJ”) handed down its judgment in Joined Cases C-468-478/06, answering the questions posed by the Athens Court of Appeals in proceedings against a decision finding that Glaxo Smith Kline (“GSK”) had not abused its dominant position by limiting (...)

The Swiss Competition Commission closes an investigation on the publication of information on drugs following commitment (Documed)
International Committee of the Red Cross (Geneva)
The Swiss Competition Commission (the “Comco”) closed in July 2008 an investigation on the publication of information on drugs through an amicable agreement with the company Documed SA (“Documed”). Documed, a company of the pharmaceutical group Galenica, collects and edits information on drugs, (...)

EU Court of Justice Advocate General Colomer gives opinion on an abuse of dominant position in the pharmaceutical sector (Lélos kai Sia)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 1 April 2008, Advocate General Colomer gave his opinion in Joined Cases C-468/06 to C-478/06 Sot. Lélos Kai Sia EE (and Others) v GlaxoSmithKline AEVE.The case relates to a long series of disputes in Greece where GlaxoSmithKline has been accused of abusing its dominant position by reducing (...)

The Belgian Prosecutor refuses request for preliminary measures in pharmaceutical “refusal to supply” case (Bofar)
Altius (Brussels)
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Johnson & Johnson (Brussels)
Decision On 26 March 2008, the Belgian Prosecutor refused a request for preliminary measures made by Bofar NV (‘Bofar’). In December 2007, Bofar had filed a complaint against nine pharmaceutical companies for infringing Articles 81 and 82 EC Treaty and their Belgian equivalents, Articles 2 and 3 (...)

The Paris Court of Appeal confirms interim measures imposed by French NCA in an abuse of dominance case in the generic pharmaceutical sector (Arrow / Schering-Plough)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 5 February 2008, the Paris Court of Appeal rejected Schering-Plough’s appeal against the French Competition Council’s interim decision of 11 December 2007. In that decision, the Competition Council had ordered Schering-Plough to publish a text in two medical magazines confirming the (...)

The French Competition Council renders a landmark interim decision on competition between princeps and generics (Arrow / Schering-Plough)
Fréget (Paris)
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Novartis (Basel)
By a decision of 11 December 2007, the Competition Council issued yet another decision concerning the (difficult) competition between princeps and generics at the time when the latter enter a market which becomes accessible upon expiry of the former’s intellectual property rights. Although this (...)

The French Competition Authority orders interim measures particularly to address denigration practices implemented in the pharmaceutical sector (Arrow / Schering-Plough)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Conseil de la concurrence orders Schering Plough laboratory to remind doctors and pharmacists the exact bioequivalence of its brand name drug Subutex® with competing generic drugs* Following a complaint (...)

The Italian Competition Authority accepts commitments presented by a pharmaceutical company authorising potential competitors’ access to its products, with, inter alia, a free licence to manufacturers of generic pharmaceuticals (Merck - Principi Attivi)
National University of Singapore
The Autorità Garante della Concorrenza e del Mercato (the Italian Competition Authority, hereinafter also the “Authority”) recently closed proceedings in the pharmaceutical sector by accepting the commitments presented by Merck. The investigation against the American pharmaceutical company (...)

The French Competition Council fines predatory pricing aimed at preventing entry of generic drugs in hospitals on the basis of both EC and national competition provisions (GlaxoSmithKline France)
Sofina (Brussels)
In the decision n° 07-D-09 dated March, 14 2007, the French Competition Council imposed a 10 million € fine on GlaxoSmithKline laboratory for practices aiming at preventing generic drugs from entering the hospital medicines market by conducting a predatory policy. That was considered by the (...)

The UK Hight Court rules on interim unjunction for an alleged unlawful refusal to supply in the pharmaceutical sector (AAH Pharmaceuticals/Pfizer-UniChem)
King’s College (London)
This note considers one of the two cases recently heard by the “ordinary” courts (the High Court and Court of Appeal) (See also A. Jones, The UK Court of Appeal rejects an allegation of unreasonable refusal to supply and unlawful discriminatory pricing (Attheraces/British Horseracing Board), (...)

The Paris Court of Appeal rejects the complaint of a French wholesaler-exporter of pharmaceutical products and allows quotas and refusals to sell (Pharma-Lab)
Total (London)
On 23 January 2007, the Paris Court of Appeal (hereinafter the “Court”) issued a judgment in which it dismissed an appeal filed against a decision rendered by the French Competition Council (the “Council”) pursuant to Articles 81 and 82 EC and national provisions similar to those articles. In this (...)

The Italian Competition Authority accepts commitments aims at facilitating competitors’ access to patented drugs (Merck - Principi Attivi)
London School of Economics
Article 5 of Council Regulation (EC) n° 1/2003, of 16 December 2002, on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJEU L 1, 4 January 2003, p. 1-25) allowed National Competition Authorities to accept commitments in proceedings concerning the (...)

The UK Competition Appeal Tribunal grants interim damages of £ 2 M in a case of abusive drugs price setting (Healthcare at Home / Genzyme)
Hogan Lovells (London)
Background GenzymeLimited ("Genzyme”) is the manufacturer of Ceredase and Cerezyme, drugs used in the treatment of Gaucher disease. Genzyme also provided home care services to administer its drugs. The home care services were initially subcontracted, firstly to Caremark and then to Healthcare (...)

The Hellenic Competition Authority rules that the decision of a dominant pharmaceutical firm to stop supplying the wholesalers and distribute the pharmaceuticals itself breaches the Greek Competition Act but not Art. 82 EC despite effect on trade between Member States (GlaxoSmithKline / SYFAIT)
Agora Trading
THE FACTS The dispute between GlaxoSmithKline (hereinafter “GSK”) and the Greek pharmaceutical wholesalers has its routes in 2000, when associations of the latter (amongst them “Sineterismos Farmakopion Etolias & Akarnanias”, “SYFAIT”) submitted numerous complaints to the Hellenic Competition (...)

The Athens Court of Appeal seeks a preliminary reference in the case of a pharmaceutical company denying the supply of certain drugs to Greek wholesale (GlaxoSmithKline)
University College London
Factual background The plaintiff was a company operating at the wholesale level, in the pharmaceutical sector, supplying pharmacies and hospitals with drugs and other products related to that sector. The defendant was the Greek Subsidiary of the GlaxoSmithKline Company incorporated in the UK. (...)

The Italian NCA imposes a pharmaceutical company to grant a drug production license (Glaxo - Principi attivi)
Freshfields Bruckhaus Deringer (Rome)
,
GiusPubblicisti Associati
On 8 February 2006, the Italian Antitrust Authority (IAA) closed a one-year long Article 82 investigation in relation to Glaxo refusal to grant a production license to FIS (Fabbrica Italiana Sintetici), for manufacturing in Italy an active compound essential for the production of triptans (...)

The French Competition Authority hands down a non-suit decision regarding alleged abuses of dominant position in the parallel trade of medicines (Pharma-Lab / GlaxoSmithKline)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Parallel trade in medicines: Pharmaceutical laboratories do not abuse their dominant position when they restrict or refuse deliveries of medicines to exporters, who seek to purchase products in France at an (...)

The French Competition Council deems that pharmaceutical companies can, under certain conditions, impose quotas restricting parallel exports (Pharma-Lab / GlaxoSmithKline)
European Court of Justice (Luxembourg)
Summary This decision of the French Competition Council concerns the quota systems put in place by pharmaceutical companies in the framework of wholesaling, here limited to exporter wholesalers. The Plaintiffs were : Pharma-Lab, Pharmajet, Pharmadex TMC, European Trade Company and AD Pharm. (...)

The Austrian Supreme Court accepts a dominant undertaking’s refusal to deal as objectively justified (Penicillin G Sodium)
Salzburg University
On 20 December, 2005, the Austrian Supreme Court ruled that a dominant undertaking`s refusal to supply a potential customer is objectively justified by lack of trust. This was due to the potential customer`s negotiation behaviour. Background Since 1999, Defendant has been the sole producer of (...)

The UK Competition Appeal Tribunal issues a key judgement on margin squeeze and rebates in the pharmaceuticals sector (Healthcare at Home / Genzyme)
Freshfields Bruckhaus Deringer (London)
,
King’s College (London)
In Genzyme Limited v. OFT, 29 September 2005, the UK Competition Appeal Tribunal (the “CAT”) tackled the difficult question of how to bring an abusive margin squeeze to an end and to ensure it was not repeated. The background to the proceedings was that the OFT had issued a decision (Director (...)

The Italian Competition Authority adopts an interim measure ordering that a firm, dominant in the market for the production of a certain antibiotic, must grant a license for the production of a key ingredient of the antibiotic (Merck - Carbapenem)
Shearman & Sterling (Rome)
Merck manufactures, and holds the patent of, a key active ingredient necessary for the production of an antibiotic (carbapenem) used in the treatment of particular types of infection. Merck’s patent rights have expired in most European countries and outside the EU (except the US) but, due to the (...)

The Italian Competition Authority launches an investigation in the pharmaceutical sector for generics under Art. 82 EC (Merck-Principi attivi, Imipenem Cilastatina)
Studio Legale DDPV (Rome)
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Studio Legale Merusi Toscano (Rome)
The “Autorità Garante della Concurrenza e del Mercato” - the Italian national competition authority (the “Authority”) - recently started an investigation in the pharmaceutical sector under article 82 of the EC Treaty. The issue is to determine whether Merck is in a dominant position in the market (...)

The European Commission imposes a € 60 M fine against two companies in the pharmaceutical sector for abuse of a dominant position (AstraZeneca)
Danish Competition and Consumer Authority (Copenhagen)
,
DG COMP (Brussels)
"AstraZeneca: the first abuse case in the pharmaceutical sector"* 1. Introduction On 15 June 2005 the Commission adopted a decision (‘Decision’) fining the Swedish company AstraZeneca AB and the UK company Astra-Zeneca Plc (together ‘AZ‘) 60 million euros due to their infringements of Article 82 (...)

A US District Court holds that a drug manufacturer rebates to pharmacy benefits managers (PBM) for exclusive formulary listing do not violate the Sherman Act (Wyeth, J.B.D.L)
Jones Day (Washington DC)
A U.S. District Court in Ohio granted summary judgment for defendants in a class action suit alleging that a drug manufacturer’s rebates to pharmacy benefit managers in order to obtain an exclusive listing in the PBMs’ drug formulary violated Section 1 of the Sherman Act. The plaintiffs, (...)

The Italian competition authority imposes for the first time interim measures on the basis of Art. 82 EC (Merck, Carbapenem)
Freshfields Bruckhaus Deringer (Rome)
,
Freshfields Bruckhaus Deringer (Rome)
The Italian competition authority (“Authority”) recently issued an interim decision against Merck & Co Inc (“Merck”) obliging it to license the manufacture of antibiotic Imipenem Cilastatina, the active ingredient in the manufacture of Carbapenemens. This decision is very interesting from an (...)

The French Competition Authority sanctions a laboratory for having abused of its dominant position in the market for certain medicinal products intended for hospitals (Sandoz laboratories)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Laboratoires SANDOZ sanctioned for abusing their monopoly in the cyclosporin market.* In a decision dated 24th July, 2003, the Conseil de la concurrence imposed sanctions on laboratoires SANDOZ (which has now (...)

The Court of First Instance of Athens rejects the claim that a pharmaceutical company abused its dominant position by limiting the supply of certain drugs to the distributors in Greece in order to avoid parallel exports of its products (GlaxoSmithKline)
Agora Trading
,
University of Reading
The facts In 2001 a distributor of pharmaceutical products lodged a complain to the Court of First Instance of Athens against its supplier claiming that the latter’s decision to stop supplying it with drugs (as it had been doing for 20 years) and to establish a new distribution network in the (...)

The Netherlands Competition Authority establishes the illegal character of the resale prohibition imposed by pharmaceutical company on hospitals (AstraZeneca)
Netherlands Authority for Consumers & Markets (The Hague)
NMa: Prohibition by AstraZeneca on Sales to Third Parties Contravenes Competition Act* The prohibition against supplying parties outside the premises of hospitals, imposed on hospitals and pharmacies by AstraZeneca, contravenes the Competition Act. NMa made this ruling in a decision relating (...)

The European Commission exceptionally orders the licensing of a copyright to safeguard competition in the German pharmaceutical sales reports market (IMS Health)
British Embassy to the DRC (Kinshasa)
,
DG COMP (Brussels)
"Commission exceptionally orders the licensing of a copyright to safeguard competition in the German pharmaceutical sales reports market"* 1. Introduction On 3 July 2001 the Commission adopted an interim measures Decision finding that IMS Health, a US company selling pharmaceutical sales (...)

The French Competition Authority fines laboratory for preventing entry of generics in the market for anesthetic drug (Abott France)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. Abbott France abused the dominant position it held in the market for Isoflurane* In a decision dated 10th May 2001, following a referral by the Delegate Minister of Finance and External Trade, the Conseil de (...)

The Dutch Competition Authority suspects that a cooperative association to which 90% of veterinarians in the Netherlands are affiliated infringed competition law (Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel / Aesculaap)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Draws up a Report on Veterinary Medicine Wholesalers* After carrying out an investigation, the Dutch Competition Authority (NMa) has reason to believe that Coöperatieve Nederlandse Veterinair-Farmaceutische Groothandel U.A. (in short, AUV) has contravened the Competition Act. Until the end (...)

The European Commission acknowledges commitments offered by Danish pharmaceutical company in a case of abuse of dominant position in the market for insulin (Novo Nordisk)
DG COMP (Brussels)
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DG COMP (Brussels)
"Novo Nordisk"* Undertakings have been accepted from Novo Nordisk, the Danish pharmaceutical company, which are designed to ensure competition in the markets for components of Novo Nordisk‘s insulin self-injection delivery systems. Novo Nordisk is Europe’s leading insulin producer. In 1985 Novo (...)

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