The French Competition Council renders a landmark interim decision on competition between princeps and generics (Arrow / Schering-Plough)

By a decision of 11 December 2007, the Competition Council issued yet another decision concerning the (difficult) competition between princeps and generics at the time when the latter enter a market which becomes accessible upon expiry of the former's intellectual property rights. Although this decision - being an interim one - does not (yet?) conclude to the existence of an abuse of dominant position, the position adopted by the Competition Council already gives a strong insight into what can be expected, letting few hope that the instruction on the merits will reverse what appears as a quasi-presumption of breach of article 82 of the EC Treaty (or its French equivalent, article L.420-2 of the French Commercial Code. In this last decision, a generics company (“Arrow Génériques”) filed

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Olivier Fréget, Fleur Herrenschmidt, The French Competition Council renders a landmark interim decision on competition between princeps and generics (Arrow / Schering-Plough), 11 December 2007, e-Competitions Bulletin December 2007, Art. N° 15720

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