Updates on Legal Developments in the EU Life Sciences Industry
Originally published as Covington E-Alert on May 17, 2012
On 15 May 2012, the Advocate General of the EU Court of Justice issued his opinion on the appeal of the General Court’s judgment in AstraZeneca v. Commission.1 The Advocate General largely agreed with the reasoning and holdings of the General…
Continue Reading The Advocate General’s Opinion in Astrazeneca v. Commission
Article originally published in PLC Life Sciences Handbook 2012
M&A in the life sciences sector has remained robust, driven by factors such as:
…
Continue Reading Key Considerations for European M&A in the Life Sciences Sector
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…
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 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).
Continue Reading European Commission Revises Distribution Rules
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…
Continue Reading Parallel Trade in Pharmaceutical Products in Europe: the European Court of Justice’s Ruling In Gsk v Commission
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…
Continue Reading The Outcome of the EC Pharmaceutical Sector Inquiry
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 …
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 …
Continue Reading Limiting Parallel Trade
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…
Continue Reading Parallel Trade in Pharmaceuticals and EC Competition Law
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…
Continue Reading Parallel Trade in Pharmaceutical Products in Europe: The European Court of Justice’s Ruling in Syfait v. GSK
