The EU Commission issues a Statement of Objections against a pharmaceutical company over alleged abuse of dominance consisting of misuse of divisional patents and a disparagement campaign against its closest competitor (Teva)

On 10 October 2022, the European Commission (“EU Commission“) formally adopted a Statement of Objections (“SO“) against Teva over an alleged abuse of dominance concerning its blockbuster drug Copaxone, which is used in the treatment of multiple sclerosis. As we reported in March 2021, the EU Commission was investigating for the first time a company for its filing strategies concerning divisional patents. The EU Commission has now preliminarily concluded that Teva did indeed engage in anti-competitive practices in violation of the EU competition rules prohibiting abuses of a dominant position. In the words of Executive Vice-President Margrethe Vestager, the EU Commission believes that “Teva may have misused the patent system to shield itself from competition. It may have spread