Van Bael & Bellis (Brussels)

Koen T’Syen

Van Bael & Bellis (Brussels)
Lawyer (of Counsel)

Koen T’Syen specialises in commercial and competition law as well as in Belgian and EU life sciences regulatory matters (medicines and medical devices). He advises clients on a wide range of commercial matters including contract law, distribution law, public procurement law and unfair market practices. Further, he assists clients in competition law matters including cartel damages claims and merger control. Koen’s expertise is often put to use in the life sciences sector, of which he has a thorough knowledge. He has substantial experience in advising life sciences clients on commercial and regulatory matters including, for instance, advertising and promotion issues, clinical trials, marketing authorisations and pricing and reimbursement issues. Koen represents clients before Belgian civil and administrative courts and has also represented clients before the Court of Justice of the European Union. Koen was appointed as the National Reporter for Belgium at the 2016 Congress of the International League of Competition Law (LIDC) in Geneva in view of his expertise in life sciences and competition law.

Linked authors

Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)
Van Bael & Bellis
Van Bael & Bellis (Brussels)

Articles

9689 Bulletin

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission announces interim measures to avert possibly irreversible consequences of a merger between two pharmaceutical companies (Grail / Illumina)

412

Less than a month ago, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission raises the stakes by issuing a statement of objections against a healthcare company in which it threatens to adopt interim measures to prevent potentially irreparable damage on competition (Grail / Illumina)

434

Less than a month ago, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission opens a new front by investigating a possible violation of a standstill obligation under the EU Merger Regulation against a concentration that is below usual EU and national thresholds for review (Grail / Illumina)

198

On 20 August 2021, the European Commission (the Commission) announced that it would investigate whether Illumina’s decision, made public on 18 August 2021, to acquire Grail pending the Commission’s review of that transaction under Regulation 139/2004 on the control of concentrations between (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority imposes fines totaling more than £101 million on a pharmaceutical company for charging excessive and unfair prices for liothyronine tablets (Advanz)

440

On 29 July 2021, the UK Competition and Markets Authority (“CMA”) imposed fines totalling more than £101 million on Advanz Pharma and previous owners, Cinven and HgCapital, for charging excessive and unfair prices for liothyronine tablets – a treatment for hypothyroidism (see Press Release). In (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Dutch Competition Authority fines a medicine supplier on account of excessive pricing (Leadiant)

221

The Dutch competition authority, Autoriteit Consument & Markt (ACM), announced on Tuesday that it imposed a fine of EUR 19,569,500 on Leadiant which was found guilty of an abuse of dominant position by charging excessive prices for chenodeoxycholic acid Leadiant (“CDCA”), a medicine indicated (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority imposes fines on hydrocortisone tablet suppliers for charging excessive and unfair prices and for paying potential rivals to remain out of the market (Auden Mckenzie / Actavis)

148

On 15 July 2021, the UK Competition and Markets Authority (“CMA”) imposed fines of more than GBP 260 million on the hydrocortisone tablet suppliers, Auden Mckenzie and Actavis (now named Accord-UK) for charging excessive and unfair prices and for paying potential rivals to remain out of the (...)

Koen T’Syen, Catherine Longeval, Peter L’Ecluse, Samuel Hall, Michael Clancy The Dutch Competition Authority publishes guidelines to counter “vendor lock-in" in the market for information technology systems in the healthcare sector

377

On 18 June 2021, the Dutch competition authority, Autoriteit Consument & Markt (ACM), announced that it would prepare guidelines to counter “vendor lock-in” in information technology systems for the healthcare sector, principally hospital information systems and electronic patient files. As a (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission plans on reviewing a transaction even though EU and national turnover thresholds are not reached (Grail / Illumina)

190

In a controversial move, the European Commission (the Commission) announced on 20 April 2021 that it would review the proposed acquisition of cancer detection test start-up Grail by genomics firm Illumina, both of the US. The Commission acted on a request of France, which was backed by three (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Austrian Competition Authority accepts commitments and closes its pharmaceutical pricing investigation on the sale of a brain tumor treatment (Merck Sharp / Dohme)

585

On 2 April 2021, the Austrian competition authority accepted commitments and closed its case concerning pricing strategies alleged to unlawfully hinder entry by generic competitors. According to the authority’s press release, the investigated pricing strategy concerned the product Temodal (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission issues a second competition comfort letter in support of pharmaceutical cooperation to combat COVID-19

864

On Monday 29 March 2021, the European Commission’s Directorate General for Competition (the Commission) published its second “new style” comfort letter. It was addressed to the organisers of an online “matchmaking event” that runs on 29 and 31 March 2021 and brings together more than 300 parties (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck)

412

On 25 March 2021, the Court of Justice of the European Union (CJEU) dismissed all appeals against the decision of the European Commission (the Commission) to fine Lundbeck and four generic pharmaceutical companies (Alpharma, Arrow, Merck, and Ranbaxy) for concluding “pay-for-delay” patent (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission publishes a notice on how to fight collusion in public procurement and on guidance on how to apply the related exclusion ground

431

On 18 March 2021, the Official Journal of the European Union published a European Commission (Commission) Notice on “tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (see, attached copy; the Notice). The Notice develops the tools which (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Italian Highest Administrative Court refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis)

322

1. Background of Case On 18 March 2021, the Italian highest administrative court, the Consiglio di Stato (the CS), decided to refer a case under its review for the second time to the Court of Justice of the European Union (CJEU) pursuant to Article 267 TFEU. The case finds its origin in a (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Spanish Competition Authority imposes a €5,76 million fine on colluding suppliers of radio-pharmaceuticals equipment (Novartis Groupe France / Advanced Accelerator Applications Ibérica / Glo Holdco / Curium Pharma Spain)

81

The Spanish Competition Authority, the Comisión Nacional de los Mercados y la Competencia (“CNMC”), imposed total fines of € 5,76 million on Novartis Groupe France and its Spanish subsidiary Advanced Accelerator Applications Ibérica, SLU (“AAA”), Glo Holdco and its Spanish subsidiary Curium Pharma (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Spanish Competition Authority confirms the opening of an investigation against pharmaceutical firms (Leadiant Biosciences Spa / Leadiant Biosciences LTD)

362

Reports that Leadiant is also in the crosshairs of the Spanish competition authority were confirmed today. The Comisión Nacional de los Mercados y la Competencia announced that it started formal proceedings against Leadiant Biosciences Spa and Leadiant Biosciences LTD on the grounds that these (...)

Koen T’Syen, Catherine Longeval, Peter L’Ecluse The German Competition Authority authorises a proposed joint venture company to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines (Phoenix / Noventi)

360

The Bundeskartellamt, the German competition authority (BKA), authorised today under German merger control rules a proposed joint venture company (JV) to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines and other functions such (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority accepts legally binding commitments from a pharma company to continue supplying a key bipolar drug at an affordable price (Essential Pharma)

369

The UK Competition and Markets Authority (CMA) published today its decision accepting binding commitments from Essential Pharma (EP) to continue supplying for at least 5 years a medicine for the first line treatment of bipolar disorder and other mental conditions at a price considered (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority consults on proposed commitments from a pharma company to keep bipolar medicine on the market at an affordable price (Essential Pharma)

224

Early last month, the Competition and Markets Authority (CMA) started an investigation into Essential Pharma because of suspicions that the firm might have abused an allegedly dominant position by taking steps to withdraw Priadel® from the UK market. This is a lithium based medicine indicated (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Italian Competition Authority announces it is continuing its inquiry into the alleged abuse of dominance by a pharmaceutical company (Leadiant)

191

The Italian competition authority, the “Autorità garante della concorrenza e del mercato” ( AGCM ), announced yesterday that it would continue its inquiry into the practices of pharmaceutical company Leadiant Biosciences ( Leadiant ) until 30 June 2021 (see, attached extract from AGCM’s latest (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Romanian Competition Authority fines €2.5 million a pharmaceutical company for failure to observe commitments in an abuse of dominance probe (GlaxoSmithKline)

686

The Romanian Competition Authority announced on 25 August 2020 that it imposed a fine of 11.9 million lei (approximately EUR 2.5 million) on GlaxoSmithKline (GSK) for its failure to observe in full commitments which it had given earlier to allow the competition authority to terminate an inquiry (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (Aspen)

248

Today, the European Commission (the Commission) started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings (Aspen) to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (see, attached (...)

Koen T’Syen, Peter L’Ecluse, Catherine Longeval The Italian Competition Authority approves a distribution scheme allowing disposable surgical masks to be sold in pharmacies and health retail outlets as a response to the COVID-19 pandemic

456

On 1 June 2020, the Italian competition authority (“L’Autorità Garante della Concorrenza e del Mercato”) authorised a scheme that would allow disposable surgical masks to be distributed and sold in pharmacies and health product retail outlets (see, attached press release). It did so at the request (...)

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