The EU Commission sends a Statement of Objections to a drug manufacturer accusing it of regulatory gaming and denigration of competitors in breach of Article 102 (Teva)

On October 10, 2022, the European Commission (“Commission”) sent a Statement of Objection [1] (“SO”) to Teva [2] accusing the company of denigrating a competing product and of “regulatory gaming” in management of the life cycle of its multiple sclerosis drug Copaxone, [3] conduct deemed abusive pursuant to Article 102 of the Treaty on the Functioning of the European Union (“TFEU”). Specifically, the Commission accused Teva of (i) misusing patent procedures to artificially extend the duration of Copaxone’s patent, which was due to expire in 2015, and (ii) systematically disseminating misleading information about a competitor’s product. According to the Commission, both types of conduct are allegedly designed to hinder competitors of Copaxone from entering the market for medicines based on