Antitrust & Competition Policy Blog

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

Monday, March 8, 2021

The Application of Competition Law to the Pharmaceutical Sector in the European Union

Key Points
  • In its seminal judgment in GlaxoSmithKline (paroxetine), the CJEU established the governing principles for assessing the compatibility of reverse-payment patent settlements with EU competition law.

  • The Paris Court of Appeal’s ruling in Janssen-Cilag confirms that an intervention by an originator in the regulatory approval process of a competing product may be abusive even where the information provided to the authority is factually accurate.

  • Strategies to hinder the market entry of biosimilars are garnering increased attention and are likely to come under increased scrutiny from national competition authorities in the near future.

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