CASE COMMENTS : UNILATERAL PRACTICES - EXCLUSIONARY ABUSE – DENIGRATION – FIDELITY REBATES – PHARMACEUTICAL SECTOR – FINES

Exclusionary abuse - Fidelity rebates : The French Competition Authority fines a pharmaceutical company for denigration and fidelity rebates granted to pharmacists with a view to hamper the market entry of a generic company

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. With the publication on the same day of a decision and an opinion, the Competition Authority (the "Authority") closes a rich year for the pharmaceutical sector in 2013. The European Commission adopted two decisions (not yet published) on pay-for-delay in the Lundbeckcases of 19 June 2013. (IP/13/563) and more recently Johnson & Johnson and Novartis on 10 December 2013. (IP/13/1233). The Commission also published its fourth report on out-of-court settlements between originator and generic pharmaceutical companies in 2012 (IP/13/1228). Similarly, the Authority sanctioned Sanofi in the Plavix case of May 14, 2013 (see Decision No. 13-D-11 of May 14,

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Anne Wachsmann, Nicolas Zacharie, Exclusionary abuse - Fidelity rebates : The French Competition Authority fines a pharmaceutical company for denigration and fidelity rebates granted to pharmacists with a view to hamper the market entry of a generic company, 18 December 2013, Concurrences N° 1-2014, Art. N° 63651, pp. 78-82

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