The EU Commission sends a Statement of Objections to the developer of a multiple sclerosis medication over misuse of the patent system and disparagement of a rival (Teva)

On 10 October 2022, the European Commission (EC) sent a Statement of Objections to Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva). The EC has provisionally found that Teva abused its dominant position in the market for the treatment of multiple sclerosis by misusing patent procedures and engaging in a disparagement campaign. This is not the first time that the EC has conducted antitrust investigations into disparagement campaigns. However, misuse of the patent system constitutes a novel theory of harm. The Teva investigation reflects the EC’s antitrust enforcement focus in the pharmaceutical sector motivated by the objective to ensure access to affordable, effective and safe medicines. Teva’s post-patent strategy for Copaxone In March 2021, the EC