Jennifer Boudet

Jennifer Boudet

Jennifer Boudet’s practice focuses on all areas of EU competition law, including cartel investigations, abuse of dominant position cases, state aid cases, as well as regulatory issues.

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AG’s Opinion – Licensed and Unlicensed Medicines May Fall Within the Same Relevant Product Market

Yesterday’s Opinion from Advocate General Saugmandsgaard Øe (AG) in Hoffmann-La Roche vs Autorità Garante della Concurrenza e del Mercato takes the position that licensed and unlicensed pharmaceutical products used for the same indication may fall within the same relevant product market. The Italian Council of State (ICS) referred a number of questions to the EU … Continue Reading

European Commission Published Non-Confidential Version of Servier Decision

On 14 July 2015, the European Commission (the “Commission”) published the preliminary non-confidential version of its decision in the Servier case, one year after the decision was issued.  This is the second key Commission decision, after Lundbeck, on reverse payment patent settlement agreements. In Servier, the Commission went further than in Lundbeck and in its … Continue Reading

Abusive Denigration: Reflections on the Case of the French Competition Authority against Sanofi-Aventis

Earlier this year, the French Competition Authority (“FCA”) held that Sanofi-Aventis infringed the competition laws by implementing a “denigration strategy” aimed at convincing healthcare professionals to limit prescriptions and sales of generic versions of its branded product, Plavix.  As punishment for the infringement, the FCA fined Sanofi-Aventis €40.6 million. This decision is another example of … Continue Reading