CASE COMMENTS: ANTICOMPETITIVE AGREEMENTS - VERTICAL AGREEMENT – DISPARAGEMENT – FIDELITY REBATES

Fidelity rebates : The Paris Court of Appeals condemns the vertical agreement between a pharmaceutical company and its distributor in France, setting fidelity rebate schemes and aiming at developing a strategy to discourage clients to buy the generic version of the medecinal product (Reckitt Benckiser/Arrow)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Some say that the simple flapping of a butterfly's wings could trigger a tornado halfway around the world. Would this analysis also apply to competition law? This question could arise following the Paris Court of Appeal ruling of 26 March 2015. In this case, the Court had to rule on the practices implemented by the Reckitt Benckiser laboratories and its exclusive distributor Schering-Plough to counter the arrival on the French market of the generic drug Subutex. In that regard, the position of the Judges in Chamber 5-7 must be emphasised, having regard, in particular, to the question of the existence of an anti-competitive object. As a

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  • European Court of Justice (Luxembourg)

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Etienne Thomas, Fidelity rebates : The Paris Court of Appeals condemns the vertical agreement between a pharmaceutical company and its distributor in France, setting fidelity rebate schemes and aiming at developing a strategy to discourage clients to buy the generic version of the medecinal product (Reckitt Benckiser/Arrow), 26 March 2015, Concurrences N° 3-2015, Art. N° 74998, pp. 67-68

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