CASE COMMENTS : UNILATERAL PRACTICES - EXCLUSIONARY ABUSES – DENIGRATION – PHARMACEUTICAL SECTOR – FINES
Denigration: The French Competition Authority fines a leader of the pharmaceutical industry for disparaging the generic version of one of its own branded-products (Practices implemented in the pharmaceutical sector)
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The European Commission's sector inquiry into the pharmaceutical sector had identified numerous strategies available to originator companies to hinder access to the generic market (see European Commission, Report of the Pharmaceutical Sector Inquiry, DG Competition, July 2009). The damage to the economy linked to such practices was considered to be all the more significant as generic prices are commonly 25% lower than those of originator medicines and the emergence of price competition ultimately leads to average price decreases of almost 40%. In the face of this competitive threat, numerous market practices have been identified which allow originator
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