Webinar

Excessive prices in the pharmaceutical sector in the EU: The Aspen Decision

Law & Economics Webinar organised by Concurrences, in partnership with Covington & Burling and CRA, with Miranda Cole (Partner, Covington & Burling), Raphaël de Coninck (Vice President, CRA), Horst Henschen (Of Counsel, Covington & Burling), Harald Mische (Case Handler - Antitrust: Pharma and Health services, DG COMP), Lluís Sauri Romero (Head of Unit - CET, DG COMP) and Tom Viebig (Case Handler - Antitrust: Pharma and Health services, DG COMP).

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SYNTHESIS

Miranda Cole introduced the panel, mentioning that the purpose of the discussion is not to engage in an autopsy of the decision, but rather to understand its implications for the future. It will also be interesting to put the decision back into the context of other recent excessive pricing cases whether it be Pfizer/Flynn, which is now referred to the U.K. Competition and Markets Authority; the Italian approach to Aspen’s conduct as well; the Danish decision in CD Pharma; and Gazprom, which is the only other relatively recent excessive pricing case from the Commission. One should also go back to the Commission’s 2020 Communication on Pharmaceutical Strategy for Europe, which aims at ensuring access to affordable medicines for patients and supporting competitiveness, innovation, and sustainability of the EU pharmaceutical industry.

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