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Dominance in the pharmaceutical sector: An overview of EU and national case law

The pharmaceutical sector stands out as being regularly on the radar of competition authorities throughout Europe, with no less than 7 decisions adopted within the last 18 months and multiple on-going investigations, covering a wide range of practices, from excessive pricing to pay for delay, refusal to supply and, more generally, commercial strategies implemented by pharmaceutical companies to delay generic or biosimilar entry. Most recently, the French Competition Authority (“FCA”) has launched a new sector enquiry into the pharmaceutical sector [1], less than five years after it issued a first opinion in 2013 [2]. The FCA is currently focusing on the drug distribution chain, a topic which was already covered in its previous probe, and will also, for the first time, look into price

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Mélanie Thill-Tayara, Marion Provost, Dominance in the pharmaceutical sector: An overview of EU and national case law, 29 November 2018, e-Competitions Bulletin Pharma & Dominance, Art. N° 88025

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