The Commission Fines Servier And Five Generic Companies For Curbing Entry Of Cheaper Versions Of Cardiovascular Medicine

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The European Commission has imposed fines totalling €427.7 million on the French pharmaceutical company Servier and five producers of generic medicines – namely, Niche/Unichem, Matrix (now part of Mylan), Teva, Krka and Lupin – for concluding a series of deals all aimed at protecting Servier’s bestselling blood pressure medicine, perindopril, from price competition by generics in the EU. Through a technology acquisition and a series of patent settlements with generic rivals, Servier implemented a strategy to exclude competitors and delay the entry of cheaper generic medicines to the detriment of public budgets and patients in breach of EU antitrust rules.

Perindopril is a blockbuster blood pressure control medicine and used to be Servier’s best-selling product. Servier’s patent for the perindopril molecule expired, for the most part, in 2003. The Commission found that in 2004 Servier acquired a protected technology just to stop the generic producers that were preparing their market entry. Servier never used the acquired technology.

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Topics:  EU, European Commission, Generic Drugs, Pharmaceutical, Prescription Drugs

Published In: Antitrust & Trade Regulation Updates, General Business Updates, International Trade Updates, Science, Computers & Technology Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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