ALERT: ANTI-COMPETITIVE PRACTICE - DISPARAGEMENT - LOYALTY REBATES - DISTRIBUTION - STATUTE OF LIMITATIONS - STATEMENT OF OBJECTIONS

Disparagement and loyalty rebates: The French judiciary supreme court confirms the participation of a pharmaceutical company in hindering entry onto the market of the generic of Subutex(Reckitt Benckiser)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In a judgment delivered on 11 January 2017, the Commercial Chamber of the Court of Cassation dismissed all the grounds raised in the appeal brought by Reckitt Benckiser Plc and Reckitt Benckiser Healthcare (UK) Ltd for annulment of the judgment delivered by the Paris Court of Appeal on 26 March 2015, thereby confirming the role taken by the plaintiffs, the inventor and the holder of the rights to Subutex®, in the implementation of a strategy designed to hinder the entry of generics through generic disparagement and loyalty discounts. The present case therefore concerns only the applicants' participation in the agreement on commercial strategy concluded

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Disparagement and loyalty rebates: The French judiciary supreme court confirms the participation of a pharmaceutical company in hindering entry onto the market of the generic of Subutex(Reckitt Benckiser), 11 January 2017, Concurrences N° 2-2017, Art. N° 84051, www.concurrences.com

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