The European, Middle Eastern and African Antitrust Review 2018

European Union: Pharmaceuticals

14 August 2017

Both the EU national competition authorities (NCAs) and the European Commission (Commission) have been very active in the pharmaceutical sector this year. While there has been debate about the European Commission's approach to assessing concentrations in innovation markets, the NCAs have led in the behavioural context. In addition, there have been a number of important European Court judgments, not only in the Lundbeck reverse patent settlement case, but also in relation to royalty obligations. The Commission's recent opening of an excessive pricing investigation against Aspen, the UK Competition and Markets Authority's (CMA's) ongoing cases against Actavis and Concordia, and the pending judgments in Servier and in relation to the Lucentis/Avastin referral, suggest that similar levels of activity can be expected in the coming year.

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