Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Thursday, July 5, 2018

The Application of EU Competition Law in the Pharmaceutical Sector

David W Hull and Michael J Clancy examine The Application of EU Competition Law in the Pharmaceutical Sector.

ABSTRACT: This survey article discusses the major EU competition law developments in the pharmaceutical sector from 1 January 2017 through 31 March 2018. Section II addresses cases on restrictions of competition from generic suppliers, including the UK Competition Appeal Tribunal’s judgment in GlaxoSmithKline on patent settlements, the European Commission’s annual patent settlement monitoring report and the French Competition Authority’s decision in Johnson & Johnson involving an abuse of regulatory process and denigration. Section III covers the recent cases prosecuting excessive pricing, including Aspen and Pfizer/Flynn in the United Kingdom. Section IV discusses the EU Court of Justice’s judgment in Roche/Novartis concerning licensing agreements. Section V addresses recent decisions, judgments, and regulations in EU...

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