Archives: Competition

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Judgment of the Court of Justice in AstraZeneca v Commission

Originally published as Covington E-Alert on December 10, 2012 On 6 December 2012, the EU Court of Justice dismissed AstraZeneca’s appeal of the General Court’s judgment in AstraZeneca v Commission. The Court of Justice affirmed the reasoning and holdings of the General Court and rejected all of AstraZeneca’s arguments, including its challenge to the General … Continue Reading

Judgment of the Court of Justice in AstraZeneca v. Commission

Article originally published in Covington E-Alert, 10 December 2012 On 6 December 2012, the EU Court of Justice dismissed AstraZeneca’s appeal of the General Court’s judgment in AstraZeneca v Commission. The Court of Justice affirmed the reasoning and holdings of the General Court and rejected all of AstraZeneca’s arguments, including its challenge to the General … Continue Reading

The Application of EU Competition Law in the Pharmaceutical Sector

Article originally published in Journal of European Competition Law & Practice Advance Access on July 31, 2012 This survey article discusses the major EU competition law developments in the pharmaceutical sector from 1 July 2011 through 30 June 2012. The developments during this period were largely incremental, but presage what is likely to be a year … Continue Reading

Key Considerations for European M&A in the Life Sciences Sector

Article originally published in PLC Life Sciences Handbook 2012 M&A in the life sciences sector has remained robust, driven by factors such as: „„ The need to replenish shrinking product pipelines. „„ The need to maintain revenues as patents on top-selling products expire. „„ The strategic diversification of business lines. „„ Expansion into emerging markets. … Continue Reading

The AKZO Judgment of the Court of Justice Confirms the Scope of Legal Professional Privilege in EU Competition Investigations

Originally published as Covington E-Alert on September 15, 2010 On 14 September 2010, the Court of Justice, the highest court in the European Union (“EU”), ruled that, in the context of EU competition law investigations, legal professional privilege (“LPP”) does not cover communications between in-house lawyers and other employees at a company, even where the … Continue Reading

European Commission Revises Distribution Rules

Originally published as Covington E-Alert on April 27, 2010  On 20 April 2010, the European Commission published new rules governing so-called “vertical” agreements, such as distribution and supply agreements. The new rules are set out in the Vertical Restraints Block Exemption Regulation and the related Guidelines (see DG Competition’s website). They will become effective as … Continue Reading

Parallel Trade in Pharmaceutical Products in Europe: the European Court of Justice’s Ruling In Gsk v Commission

Originally published as Covington E-Alert on October 9, 2009 May a pharmaceutical company charge its wholesalers one price for products to be resold under the national healthcare reimbursement rules, and another, higher price for products to be resold in another EU member state? This was the question addressed by the European Court of Justice (ECJ) … Continue Reading

The Outcome of the EC Pharmaceutical Sector Inquiry

Article originally published in Concurrences, N° 3-2009 (September 2009) PROCEED WITH CAUTION ACROSS THE IP/COMPETITION INTERSECTION DG Competition’s release of its long-awaited Final Report on its Pharmaceutical Sector Inquiry on 8 July 2009 was somewhat of a damp squib compared to the fireworks surrounding the publication of its Interim Report some eight months earlier. The release … Continue Reading

DG Competition’s Preliminary Report on the Pharma Sector Inquiry: A Need for Clear Signals at the IP/Competition Intersection

Article originally published in Global Competition Policy, February 2009  The release of DG Competition’s Preliminary Report on its Pharmaceutical Sector Inquiry on November 28, 2008 was a Brussels media event, with press briefings, press releases, and an all-day public hearing that was covered by the Commission’s live television channel.1 Much of the discussion at the … Continue Reading

Limiting Parallel Trade

Article originally published in Competition Law Insight on November 25, 2008 May a dominant pharmaceutical company refuse to supply in full the orders it receives from a wholesaler in an EU member state in order to limit parallel trade in its products in the European Union? This was the question addressed by the European Court … Continue Reading

Parallel Trade in Pharmaceuticals and EC Competition Law

Article originally published in PLC Cross-border Life Sciences Handbook, 2007/08 Apart from patent disputes linked to generic entry, perhaps no issue has spawned more litigation in the European pharmaceutical sector than parallel trade. At the root of the problem are price differences among member states for pharmaceutical products which are caused by national price controls. … Continue Reading

Parallel Trade in Pharmaceutical Products in Europe: The European Court of Justice’s Ruling in Syfait v. GSK

Originally published as Covington Life Sciences Alert on June 1st, 2005 May a dominant pharmaceutical company refuse to supply in full the orders it receives from a wholesaler in an EU country in order to limit parallel trade in its products in the European Union? This was the question put to the European Court of … Continue Reading
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