Marion Provost is a partner in Dechert’s Paris competition team. Her practice focuses on all areas of competition law work. She is involved in a number of high profile mergers, cartel investigations, and abuse of dominance cases, and regularly advises clients both before the European and French competition authorities and courts. Ms. Provost works for clients in various industries with a particular focus on the life sciences and food sectors, as well as the press sector, financial services and consumer goods. She has taught competition law at several French universities and regularly contributes to writing articles on the latest developments in competition law. Prior to joining Dechert, Marion gained experience at other leading international law firms.
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As one of the most heavily regulated industries in the European Union, the pharmaceutical sector has historically been an area of focus for the European Commission and national competition authorities, which have relentlessly used antitrust enforcement as an instrument to help achieve the wider policy objective set for the sector: supporting patients’ access to innovative and affordable medicines. In a context where EU legislation regarding pharmaceuticals is currently under review as part of the Commission’s new Pharmaceutical Strategy for Europe, the sector remains under close scrutiny of competition authorities. In this article, we analyze the most recent developments across the European Union under Article 102 TFEU. While we still wait for the ECJ’s judgment in the Servier case, which creates notable uncertainty regarding the fate of the abuse of dominance allegation, these past 18 months the focus at the EU level seems to have shifted from pay-for-delay and excessive pricing cases to patent strategies (I.) and disparagement of competing drugs as an abuse of dominant position (II.). At the national level, excessive pricing remained at the center of attention, with the Leadiant case in several EU Member States and several appeal proceedings on-going in the UK (III.).
Following a Phase II investigation, the European Commission (the “Commission”) on 6 September 2022 prohibited the acquisition of Grail by Illumina, on the basis that the merger would allegedly stifle innovation in the emerging market for early cancer detection tests based on sequencing (...)
On 1 June 2022, the French Supreme Court (the “Supreme Court”) entirely dismissed the appeal of Janssen-Cilag (“Janssen”) and its parent company Johnson & Johnson against a judgment of the Paris Court of Appeal (the “Court of Appeal”) of 11 July 2019 in the Durogesic® case. However, this (...)
On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation No. 330/2010 of 20 April 2010, is accompanied by a new version of (...)
In a communication of November 2020, the European Commission presented its ‘new Pharmaceutical Strategy for Europe’, the main objective of which is to achieve a strong, fair, competitive, and green pharmaceutical industry, centered on patients’ needs. The Commission’s ambition is to remove existing barriers that prevent patients’ access to innovative and affordable medicines, while facilitating the digital transformation of the industry. In this context, the enforcement of competition rules certainly remains an important instrument for the Commission to achieve its goals and we expect the sector to remain a key priority throughout the European Union. Just in the past year, several important decisions have been adopted and multiple investigations opened, both in antitrust and merger control.
This article has been nominated for the 2021 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The European Court of Justice has confirmed that financial investors can incur parental liability for the anticompetitive practices of portfolio companies, (...)
While pharmaceutical companies are subject to sector-specific regulations, the industry is not exempt from competition law, as exemplified by the numerous investigations that are regularly conducted by competition authorities around the globe and the magnitude of the sanctions that have been levied on pharmaceutical companies in recent years.
In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite unannounced inspections ("dawn raid”) to be carried out at the headquarters of (...)
The pharmaceutical sector stands out as being regularly under the scrutiny of competition authorities throughout Europe and has continued to be a key enforcement priority over the past 18 months, with notable developments in pay-for-delay and excessive pricing cases, as well as on market definition and lifecycle management practices.
On 14 November 2019, the Paris Court of Appeal (the “Court”) quashed a decision of the French Competition Authority (“FCA”) of 20 September 2018 in which the latter had imposed € 199 000 fine on Sanicorse for having abused its dominant position on the market for infectious clinical waste (...)
More particularly, the Court affirmed the FCA’s conclusion that Janssen infringed competition law by, on the one hand, disparaging competing fentanyl specialties towards health professionals, emphasizing the risks associated with a switch from Durogesic© to a generic version and, on the other (...)
The General Court annuls in part the European Commission’s decision finding the existence of restrictive agreements and an abuse of a dominant position on the market for perindopril, a medicine used to treat hypertension and heart failure* On 12 December 2018, the General Court (“Court”) (...)
Background of the case On 27 July 2016, after an in-depth investigation (phase II review), the French Competition Authority (“FCA”) cleared the acquisition of Darty Plc (“Darty”), a retailer of home appliances and consumer electronics, by Fnac SA (“Fnac”), a distributor of cultural goods, (...)
Patent hold-up is a complex and contemporary issue, at the confluence of competition law and intellectual property law. In recent years, this practice, which is carried out by patentees, has raised a number of difficulties in both the United States and the European Union. While patent hold-up (...)
What is the competition balance sheet of Emmanuel Macron, Minister of the Economy and then President of the Republic? It is remarkable that Emmanuel Macron had a very strong reforming will in competition and distribution law, by opening markets (regulated professions, bus transport, rail (...)
In 2021, the European Court of Justice handed down an important judgment on private enforcement in Europe. It held that a claimant for damages in a cartel action can sue the subsidiary of the offender. In reaching this conclusion, the Court relied on the concept of undertaking, as developed by (...)
The commitment procedure can be very attractive for companies suspected of having infringed competition law, which conveniently avoid an in-depth investigation and a potential fine. From the competition authorities’ perspective, it also constitutes an effective procedural tool to swiftly (...)