The French Competition Authority rejects request for interim measures in the pharmaceutical sector (Ratiopharm / Janssen-Cilag France)

In a decision of 31 July 2009, which was made public on 7 September 2009, the French Competition Authority rejected German generic pharmaceutical company Ratiopharm‘s request for interim measures against Janssen-Cilag France (“Janssen”), the maker of Durogesic. The move follows a complaint lodged by Ratiopharm alleging that Janssen had abused its dominant position by various practices aimed at slowing down the market entry of Ratiopharm‘s generic form of Durogesic, known as fentanyl. Fentanyl is a non-morphine opioid analgesic delivered, inter alia, in a transdermal patch. The French Competition