The UK Competition Appeal Tribunal issues a key judgement on margin squeeze and rebates in the pharmaceuticals sector (Healthcare at Home / Genzyme)

In Genzyme Limited v. OFT, 29 September 2005, the UK Competition Appeal Tribunal (the “CAT”) tackled the difficult question of how to bring an abusive margin squeeze to an end and to ensure it was not repeated. The background to the proceedings was that the OFT had issued a decision (Director General of Fair Trading, 27 March 2003, Decision n° CA98/3/03, Exclusionary behaviour by Genzyme Limited, Case CP/0488-01) finding that Genzyme had, since 2001, abused its dominant position contrary to the UK Competition Act 1998 Chapter II prohibition (Chapter II is

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Authors

  • Freshfields Bruckhaus Deringer (London)
  • King’s College (London)

Quotation

Alex Potter, Alison Jones, The UK Competition Appeal Tribunal issues a key judgement on margin squeeze and rebates in the pharmaceuticals sector (Healthcare at Home / Genzyme), 29 September 2005, e-Competitions Bulletin September 2005, Art. N° 400

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