Willkie Farr & Gallagher (Paris)

Sophie Mitouard

Willkie Farr & Gallagher (Paris)

Sophie Mitouard is an associate of the Antitrust & Competition practice at Willkie Farr & Gallagher LLP in Paris. Her practice focuses on antitrust matters, in particular vertical agreements and abuse of dominance cases, and merger control. Sophie was involved in the filing of merger notifications in the automotive, chemicals, energy, financial services and health sector. She has also participated in various antitrust proceedings before the FCA and litigation before administrative courts in the health sector. Prior to joining Willkie, she was trained in the competition and public departments of French and international law firms.

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Willkie Farr & Gallagher (London)
Willkie Farr & Gallagher (Paris)
Willkie Farr & Gallagher (London)
Willkie Farr & Gallagher (London)
Willkie Farr & Gallagher (Brussels)


1508 Bulletin

Mélanie Thill-Tayara, Marion Provost, Sophie Mitouard Dominance in the pharmaceutical sector: An overview of EU and national case law


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.

Mélanie Thill-Tayara, Marion Provost, Sophie Mitouard The Paris Court of Appeal upholds the decision of the Competition Authority to fine a pharma company for abuse of dominance (Jansson-Cilag / Johnson & Johnson)


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 (...)

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