CASE COMMENTS: UNILATERAL PRACTICES - ABUSE OF DOMINANT POSITION - GENERIC DRUG DISTRIBUTION - DENIGRATION
Denigration: The French competition authority inflicts 40 million euros of fine to a pharmaceutical lab for an abuse of dominant position consisting in the denigration of the generic versions of its hit drug that compete with its own generic drug (Sanofi-Aventis)
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"While it is not up to pharmaceutical companies to change the mentality or attitude of prescribers, and more generally to contribute to the development of generic medicines produced by competing operators, it is their responsibility not to exploit the caution or fears of doctors and pharmacists, in particular after the granting of marketing authorisations, by conduct the object or effect of which would be to cast doubt or give rise to concern, without any objective reason, about those generic medicines and to strengthen the position of their own products (originator or auto-generic) by means other than those falling within the scope of competition on the
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