The Paris Court of Appeal upholds the decision of the Competition Authority to fine a pharma company for abuse of dominance (Jansson-Cilag)

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 hand, intervening in the French Health Authority’s (“ANSM”, formerly AFSSAPS) process to oppose the listing of Ratiopharm’s specialty as a generic drug of Durogesic©. The Court, however, granted Janssen a small decrease in fine (from €25 million to €21 million ) considering that its actions did not aim at challenging Ratiopharm’s marketing authorization but only the listing in France of its fentanyl specialty as a generic version of Durogesic©. While the Court followed in the footsteps of precedents with

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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), 11 July 2019, e-Competitions July 2019, Art. N° 96202

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