CASE COMMENTS: UNILATERAL PRACTICES - PHARMACEUTICAL PARALLEL TRADE - JUSTIFICATION OF LIMITATIONS

Drugs parallel exports: The French Competition Council decides that pharmaceutical companies do not abuse their dominant position by restricting exports by third parties (Exportations parallèles de médicaments)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Conc. conc. dec. no. 05-D-72 of 20 December 2005 on practices implemented by various laboratories in the sector of parallel exports of medicines Since the Court of Justice did not resolve this in the Syfait case, the Competition Council did! Restrictions on parallel trade in medicinal products do not, under certain conditions, constitute an abuse of a dominant position, but are justified by the specific features of the pharmaceutical sector. Arguments of this nature had certainly already been heard by the Council, in particular in the context of a GSK case in 2004 (Cons. conc., Dec. No. 04-D-77 of 22 Dec. 2004 relating to a referral by Productiv against

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Anne Wachsmann, Drugs parallel exports: The French Competition Council decides that pharmaceutical companies do not abuse their dominant position by restricting exports by third parties (Exportations parallèles de médicaments), 20 December 2005, Concurrences N° 1-2006, Art. N° 906, pp. 139-141

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