Catherine Derenne

Merger control in the pharmaceutical sector follows the normal pattern of merger analysis, taking account of sectoral specificities. Mergers (used here as a shortcut for all transactions subject to merger control) can involve different types of actors, e.g. manufacturers of branded drugs (’innovators’ or ’originators’), manufacturers of generic drugs, manufacturers of biosimilars, non-manufacturing inventors, universities or start-ups, different categories of wholesalers and distributors, retailers (pharmacies), hospitals, even global investment banks, and the drugs in question can be intended for human or veterinary use. There are also mergers involving manufacturers or distributors of medical equipment, other medical products, or chemicals for use in medicinal products.

Si.mobil v European Commission (T-201/11) – ‎Undermining the Effectiveness of EU Competition law?* According to the Automec case-law (paras. 73 ff), the European Commission has discretion as to how it deals with complaints. That said, the Court of Justice of the European Union has clearly (...)