Aspen: Quick Fix But Missed Opportunity* What are commitments? The recent effort by the Commission to settle the Aspen case suggests that commitment decisions are the preferred route to settle complex excessive pricing cases at EU-level. Previous commitment cases where high prices have been at issue include Rambus, Standard & Poor’s and Gazprom. The EU rules allow the Commission to make legally binding Aspen’s promise to amend its business practice and lower drug prices. In return, the Commission closes its investigations without imposing a fine or finding an infringement of the EU competition rules. All going well, commitment decisions are a fast and flexible competition tool. That said, EU commitment decisions are without prejudice to the powers of national courts to apply
The EU Commission invites comments from all interested parties on commitments offered by pharmaceutical company to address the Commission’s concerns over excessive pricing (Aspen)
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