Van Bael & Bellis (Brussels)

Catherine Longeval

Van Bael & Bellis (Brussels)
Partner

Catherine Longeval is a partner with Van Bael & Bellis based in their Brussels office where she specialises in litigation before the Belgian courts and advises clients on a wide range of issues, including life sciences law. Her expertise in this area covers laws governing medicines, biotech products, medical devices, cosmetics and food supplements, among other aspects. She also specialises in unfair market practices, distribution law, product liability, employment law and general commercial law. Catherine began her professional career in October 1989. Prior to joining Van Bael & Bellis in 1994, she worked as an associate with a leading Brussels law firm. She regularly lectures and writes on life sciences regulatory matters and procedural law matters. She often speaks at conferences.

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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
Van Bael & Bellis (Brussels)

Articles

25440 Bulletin

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The UK Competition Appeal Tribunal upholds the Competition Authority’s decision to fine 3 drugmakers for excessive and unfair pricing of a critical medicine (Advanz / Cinven/ HgCapital)

50

On 8 August 2023, the UK Competition Appeal Tribunal ( CAT ) unanimously upheld a decision of the UK Competition and Markets Authority ( CMA ) which in July 2021 had imposed fines totalling more than £101 million on Advanz Pharma ( Advanz ) and two previous private equity owners, Cinven and (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The Belgian Competition Authority confirms its jurisdiction to review mergers between hospitals and grants a partial derogation from the standstill obligation

50

On 14 July 2023, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the BCA) published a note confirming that it was competent to review mergers and acquisitions between hospitals under the Belgian merger control regime (the Note). In a (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Catherine Gordley, Koen T’Syen The EU Commission issues record-breaking €432M gun jumping fine on two biotechnology firms (Illumina / Grail)

126

On 12 July 2023, the European Commission (the Commission) imposed its largest gun jumping fine ever on Illumina because that firm had closed its acquisition of Grail while the Commission’s merger control review was still pending (see, attached Commission press release). Due to what the (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The Dutch Competition Authority maintains findings of excessive pricing against medicine supplier but reduces the fine imposed (Leadiant)

88

Autoriteit Consument & Markt, the Dutch competition authority ( ACM ), announced on 11 July 2023 that it had considered the objections raised by Leadiant against its earlier decision of 1 July 2021 finding Leadiant guilty of an abuse of dominant position in the form of excessive prices (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The Belgian Competition Authority sends a Statement of Objections to a private security provider for bid rigging, exchanging information and price fixing (G4S / Securitas / Seris)

106

On 6 July 2023, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the BCA ) sent a Statement of Objections to the three main market players in the private security sector, namely G4S, Securitas and Seris. This is a significant step in an (...)

Catherine Longeval, Michael Clancy, Koen T’Syen, Peter L’Ecluse The Belgian Competition Authority sends a Statement of Objections to two betting companies for an alleged anticompetitive agreement in the Belgian horse racing sector (Ladbrokes / PMU)

65

On 3 July 2023, the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la Concurrence – the BCA ) sent a Statement of Objections to Pari-Mutuel Urbain ( PMU ), Derby and Tiercé Ladbroke. The BCA suspects these firms of having entered into anticompetitive (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The Belgian Competition Authority applies the abuse of dominance provisions to a non-notifiable takeover by a telecommunications operator and issues interim measures (Proximus / EDPnet)

584

The Belgian Competition Authority (BCA) continued its quixotic quest to stop telecommunications operator Proximus from acquiring the assets of near-bankrupt broadband communications service provider EDPnet. Its competition college issued a standstill and hold-separate order requiring Proximus (...)

Peter L’Ecluse, Catherine Longeval, Michael Clancy, Koen T’Syen The Belgian Competition Authority seeks a ’hold separate’ measure to delay the full integration of a merger between two telecoms, one of which is failing, until after the Authority completes its abuse of dominance investigation (Edpnet / Proximus)

97

Last month, the Belgian Competition Authority ( BCA ) decided to open abuse of dominance proceedings against telecommunications operator Proximus on account of that party’s acquisition of struggling Edpnet (see, Life Sciences News and Insights, 23 March 2023). On 20 April 2023, the BCA’s chief (...)

Michael Clancy, Catherine Longeval, Peter L’Ecluse, Koen T’Syen The Belgian Competition Authority opens abuse of dominance proceedings over a below thresholds acquisition, in the first case following the Towercast precedent (Proximus / Edpnet)

354

The Belgian Competition Authority ( BCA ) announced yesterday that it would review the acquisition of Edpnet by telecommunications operator Proximus under the rules prohibiting abusive conduct by dominant companies (see, attached press release). Edpnet supplies broadband communications (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Belgian Competition Authority imposes a €2.7M fine on a pharmaceutical company for abusing its dominance by misleading healthcare professionals about the effectiveness of a generic drug competitor (Novartis)

837

As if on cue, the Belgian competition authority announced on 24 January 2023 new significant developments with regard to their enforcement activities in the pharmaceutical sector. The Belgian Competition Authority (BCA) indicated that it had imposed a fine of EUR 2,782,808 on Novartis for (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Lithuanian Competition Authority fines a pharmaceutical association and pharmaceutical companies for collusion while participating in margin-setting

1162

According to the attached press release of yesterday’s date, the Lithuanian competition authority ( Konkurencijos Taryba or KT ) levied total fines of more than EUR 72 million on the Lithuanian Pharmacy Association and 8 individual pharmaceutical companies. While KT imposed a record fine, (...)

Catherine Longeval, Peter L’Ecluse, Michael Clancy, Koen T’Syen The Spanish Competition Authority fines the maker of an orphan medicine to treat a rare metabolic disorder €10.25M for imposing excessive prices (Leadiant)

1629

On 14/11/2022, the Spanish Competition Authority (CNMC) imposed a fine of EUR 10.25 million on Leadiant because that firm was found to have abused its dominant position by applying excessive prices for chenodeoxycholic acid, an orphan medicine indicated for the treatment of patients afflicted (...)

Catherine Longeval, Michael Clancy, Peter L’Ecluse, Koen T’Syen The Spanish Competition Authority fines a contraceptive products company for abuse of a dominant position over vexatious patent litigation (Merck Sharp & Dohme)

659

Today, the Spanish competition authority (Comisión nacional de los mercados y la competencia - CNMC ) imposed a fine of EUR 38,934,000 on Merck Sharp & Dohme ( MSD ) because that firm allegedly abused its dominant position in the market for contraceptive vaginal rings (see, attached press (...)

Michael Clancy, Peter L’Ecluse, Koen T’Syen, Catherine Longeval The EU Court of Justice AG Kokott endorses the application of Article 102 TFEU to the acquisitions of nascent firms by dominant players in high technology sectors (Towercast)

493

AG Kokott Supports Application of Article 102 TFEU to Acquisitions of Small Promising Firms in Life Sciences and Other High Technology Sectors In a non-binding opinion given to the Court of Justice of the European Union (CJEU) Advocate General Kokott yesterday expressed the view that (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval The Danish Competition Authority makes recommendations for increased competition in pharmacy sector to bolster lower prices and improve services

712

On 28 September 2022, the Competition Council of the Danish Competition and Consumer Authority ( DCCA ) issued 6 recommendations to bolster competition, ensure lower prices and improve service in the pharmacy sector (see, attachment). The recommendations stem from an analysis of competitive (...)

Giovanni Pregno, Catherine Longeval, Peter L’Ecluse, Koen T’Syen The Swiss Competition Authority carries out a dawn raid which causes a pharmaceutical company to drop IP infringement court actions against a competitor (Novartis / Lily)

228

As we have previously reported (Van Bael & Bellis Life Sciences News and Insights, 15 September 2022), on 13 September 2022, the Swiss Competition Authority carried out an inspection at the premises of Novartis Pharma AG ( Novartis ). In parallel, Novartis received a request for (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission prohibits the acquisition of a genetic analysis provider by a cancer detection healthcare company (Illumina / Grail)

764

On 6 September 2022, the European Commission (the Commission ) prohibited the acquisition of cancer detection test start-up Grail by genetic and genomic analysis firm Illumina (see, attached Commission press releases). This decision formed the dramatic culmination of a procedure which the (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission continues to pursue "gun jumping" merger control proceedings against two pharmaceutical companies on EU merger control referral thresholds (Illumina / Grail)

1484

On 20 August 2021, the European Commission (the Commission ) said that it would investigate whether Illumina’s decision, made public on 18 August 2021, to acquire Grail pending the Commission’s review of that transaction under Regulation 139/2004 on the control of concentrations between (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU General Court confirms the Commission may review a merger between two biotech companies even though the EU and national turnover thresholds are not reached (Illumina / Grail)

582

Yesterday, the General Court of the European Union came down on the side of the European Commission (the Commission ) in that agency’s dispute with genomics firm Illumina and held that the Commission has jurisdiction to examine Illumina’s acquisition of cancer detection test start-up Grail, (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Luxembourg Competition Authority publishes results of sector inquiry into medicines and pharmacies and makes recommendations for regulatory reform

1361

On 16 June 2022, the Luxemburg Competition Authority (LCA) published its report (the Report) detailing the outcome of a sector inquiry into medicines and pharmacies (see, attached press release and Report). The Report does not analyse possibly anticompetitive behaviour of private firms but (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The French Supreme Court agrees with the Paris Court of Appeal’s decision reducing a €25M fine to €21M for abuse of dominance by obstructing the entrance of generic drugs onto the market (Janssen-Cilag)

273

On 1 June 2022, the French Supreme Court (Cour de cassation) upheld the judgment of the Paris Court of Appeal, which in turn largely upheld the 2017 decision of the French Competition Authority (FCA) to impose fines of EUR 25 million on Janssen Cilag and its parent company Johnson & (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Belgian Competition Authority imposes a fine of €29.8M on a subsidiary and pharmaceutical wholesaler on account of participation in an alleged cartel between 2003 and 2016 (Pharma Belgium-Belmedis / Febelco / CERP)

347

The Belgian Competition Authority (BCA) announced today that it imposed a fine of EUR 29.8 million on McKesson subsidiary and pharmaceutical wholesaler Pharma Belgium-Belmedis (PBB) on account of that firm’s participation in an alleged cartel between 2003 and 2016 (see, attached press (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Dutch Competition Authority requires a pharmaceutical producer of TNF inhibitor to waive quantity conditions on its discounts to purchasing hospitals (Pfizer)

219

The Dutch competition authority today announced, and at the same time closed, a case concerning pricing strategies against biosimilar competitors. The case concerns the product Enbrel (etanercept - a TNF inhibitor use for treatment of autoimmune diseases), and involves alleged conditional (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority announces that several firms have been fined a total of over £35M for an anti-competitive arrangement in the supply of important National Health Service prescription anti-nausea tablets (Alliance Pharmaceuticals / Focus / Lexon)

188

On 3 February 2022, the UK Competition and Markets Authority (CMA) announced that – following an investigation into the conduct of several pharmaceutical firms – it had fined several firms a total of over £35 million for an anti-competitive arrangement in the supply of important National (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Romanian Competition Authority opens an investigation into a pharmaceutical company’s alleged abusive behaviour on two distinct markets (Boehringer Ingelheim)

301

On 6 December 2021, the Romanian competition authority announced that it conducted a dawn raid at the premises of Boehringer Ingelheim (BI) to investigate allegedly abusive conduct which targeted generic rivals of two of BI’s innovative medicines (see, attached press release in Romanian and (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission announces interim measures to avert possibly irreversible consequences of a merger between two pharmaceutical companies (Illumina / Grail)

498

Less than a month ago, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission raises the stakes by issuing a Statement of Objections against a healthcare company in which it threatens to adopt interim measures to prevent potentially irreparable damage to competition (Illumina / Grail)

499

In September 2021, the European Commission (the Commission) announced that it would open an investigation to determine whether Illumina’s decision to acquire Grail pending its review of that transaction under Regulation 139/2004 on the control of concentrations between undertakings (the Merger (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission opens a new front by investigating a possible violation of a standstill obligation under the EU Merger Regulation against a concentration that is below usual EU and national thresholds for review (Illumina / Grail)

243

On 20 August 2021, the European Commission (the Commission) announced that it would investigate whether Illumina’s decision, made public on 18 August 2021, to acquire Grail pending the Commission’s review of that transaction under Regulation 139/2004 on the control of concentrations between (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority imposes fines totalling more than £101M on a pharmaceutical company for charging excessive and unfair prices for liothyronine tablets (Advanz)

593

On 29 July 2021, the UK Competition and Markets Authority (“CMA”) imposed fines totalling more than £101 million on Advanz Pharma and previous owners, Cinven and HgCapital, for charging excessive and unfair prices for liothyronine tablets – a treatment for hypothyroidism (see Press Release). (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority imposes fines on hydrocortisone tablet suppliers for charging excessive and unfair prices and for paying potential rivals to remain out of the market (Auden Mckenzie / Actavis)

202

On 15 July 2021, the UK Competition and Markets Authority (“CMA”) imposed fines of more than GBP 260 million on the hydrocortisone tablet suppliers, Auden Mckenzie and Actavis (now named Accord-UK) for charging excessive and unfair prices and for paying potential rivals to remain out of the (...)

Koen T’Syen, Catherine Longeval, Peter L’Ecluse, Samuel Hall, Michael Clancy The Dutch Competition Authority publishes guidelines to counter “vendor lock-in" in the market for information technology systems in the healthcare sector

415

On 18 June 2021, the Dutch competition authority, Autoriteit Consument & Markt (ACM), announced that it would prepare guidelines to counter “vendor lock-in” in information technology systems for the healthcare sector, principally hospital information systems and electronic patient files. (...)

Michael Clancy, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission plans on reviewing a transaction even though EU and national turnover thresholds are not reached (Illumina / Grail)

230

In a controversial move, the European Commission (the Commission) announced on 20 April 2021 that it would review the proposed acquisition of cancer detection test start-up Grail by genomics firm Illumina, both of the US. The Commission acted on a request of France, which was backed by three (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Austrian Competition Authority accepts commitments and closes its pharmaceutical pricing investigation on the sale of a brain tumor treatment (Merck Sharp / Dohme)

654

On 2 April 2021, the Austrian competition authority accepted commitments and closed its case concerning pricing strategies alleged to unlawfully hinder entry by generic competitors. According to the authority’s press release, the investigated pricing strategy concerned the product Temodal (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission issues a second competition comfort letter in support of pharmaceutical cooperation to combat the COVID-19 pandemic

1257

On Monday 29 March 2021, the European Commission’s Directorate General for Competition (the Commission) published its second “new style” comfort letter. It was addressed to the organisers of an online “matchmaking event” that runs on 29 and 31 March 2021 and brings together more than 300 (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck)

474

On 25 March 2021, the Court of Justice of the European Union (CJEU) dismissed all appeals against the decision of the European Commission (the Commission) to fine Lundbeck and four generic pharmaceutical companies (Alpharma, Arrow, Merck, and Ranbaxy) for concluding “pay-for-delay” patent (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission publishes a notice on how to fight collusion in public procurement and on guidance on how to apply the related exclusion ground

489

On 18 March 2021, the Official Journal of the European Union published a European Commission (Commission) Notice on “tools to fight collusion in public procurement and on guidance on how to apply the related exclusion ground” (see, attached copy ; the Notice). The Notice develops the tools (...)

Michael Clancy, Samuel Hall, Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Italian Council of State refers a case involving an anti-competitive arrangement concerning the sale of eye medication for the second time to the EU Court of Justice (Avastin / Lucentis)

409

1. Background of Case On 18 March 2021, the Italian highest administrative court, the Consiglio di Stato (the CS), decided to refer a case under its review for the second time to the Court of Justice of the European Union (CJEU) pursuant to Article 267 TFEU. The case finds its origin in a (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Spanish Competition Authority imposes a €5.76M fine on colluding suppliers of radio-pharmaceuticals equipment (Novartis Groupe France / Advanced Accelerator Applications Ibérica / Glo Holdco / Curium Pharma Spain)

164

The Spanish Competition Authority, the Comisión Nacional de los Mercados y la Competencia (“CNMC”), imposed total fines of € 5,76 million on Novartis Groupe France and its Spanish subsidiary Advanced Accelerator Applications Ibérica, SLU (“AAA”), Glo Holdco and its Spanish subsidiary Curium (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Spanish Competition Authority confirms the opening of an investigation against pharmaceutical firms (Leadiant Biosciences Spa / Leadiant Biosciences)

454

Reports that Leadiant is also in the crosshairs of the Spanish competition authority were confirmed today. The Comisión Nacional de los Mercados y la Competencia announced that it started formal proceedings against Leadiant Biosciences Spa and Leadiant Biosciences LTD on the grounds that these (...)

Koen T’Syen, Catherine Longeval, Peter L’Ecluse The German Competition Authority authorizes a proposed joint venture company to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines (Phoenix / Noventi)

428

The Bundeskartellamt, the German competition authority (BKA), authorised today under German merger control rules a proposed joint venture company (JV) to run a digital healthcare platform for the purchase and ordering of both prescription and over-the-counter medicines and other functions (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority accepts legally binding commitments from a pharma company to continue supplying a key bipolar drug at an affordable price (Essential Pharma)

435

The UK Competition and Markets Authority (CMA) published today its decision accepting binding commitments from Essential Pharma (EP) to continue supplying for at least 5 years a medicine for the first line treatment of bipolar disorder and other mental conditions at a price considered (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The UK Competition Authority consults on proposed commitments from a pharma company to keep bipolar medicine on the market at an affordable price (Essential Pharma)

282

Early last month, the Competition and Markets Authority (CMA) started an investigation into Essential Pharma because of suspicions that the firm might have abused an allegedly dominant position by taking steps to withdraw Priadel® from the UK market. This is a lithium based medicine indicated (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Polish Competition Authority conducts sector inquiries on wholesalers and suppliers of medical gases in the pharmaceutical sector

227

The Polish competition authority, the Office of Competition and Consumer Protection ( UOKiK ), has proven to be an energetic enforcer of the competition rules. Over the past few days, UOKiK found itself in the limelight because of two new distinct inquiries in the pharmaceutical sector that (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Italian Competition Authority announces it is continuing its inquiry into the alleged abuse of dominance by a pharmaceutical company (Leadiant)

250

The Italian competition authority, the “Autorità garante della concorrenza e del mercato” ( AGCM ), announced yesterday that it would continue its inquiry into the practices of pharmaceutical company Leadiant Biosciences ( Leadiant ) until 30 June 2021 (see, attached extract from AGCM’s latest (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The Romanian Competition Authority imposes a fine totaling €2.5 million on a pharmaceutical company for failure to observe commitments in an abuse of dominance probe (GlaxoSmithKline)

919

The Romanian Competition Authority announced on 25 August 2020 that it imposed a fine of 11.9 million lei (approximately EUR 2.5 million) on GlaxoSmithKline (GSK) for its failure to observe in full commitments which it had given earlier to allow the competition authority to terminate an (...)

Peter L’Ecluse, Catherine Longeval, Koen T’Syen The EU Commission starts a market test on the proposed commitments offered by a pharmaceutical company to address the Commission’s concerns over excessive pricing on a range of off-patent cancer medicines (Aspen)

312

Today, the European Commission (the Commission) started a market test inviting comments from interested parties on commitments offered by Aspen Pharmacare Holdings (Aspen) to address the Commission’s concerns over excessive pricing for a range of off-patent cancer medicines (see, attached (...)

Koen T’Syen, Peter L’Ecluse, Catherine Longeval The Italian Competition Authority approves a distribution scheme allowing disposable surgical masks to be sold in pharmacies and health retail outlets as a response to the COVID-19 pandemic

526

On 1 June 2020, the Italian competition authority (“L’Autorità Garante della Concorrenza e del Mercato”) authorised a scheme that would allow disposable surgical masks to be distributed and sold in pharmacies and health product retail outlets (see, attached press release). It did so at the (...)

Statistiques


25440
Total des visites

454.3
Nombre de lectures par contribution

56
Nombre de contributions

Classement de l'auteur
164ème
En nombre de contributions
383ème
En nombre total de visites
4259ème
En nombre moyen de visites
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