In a much-anticipated ruling of 3 September 2024, the EU's highest court threw out the policy that the European Commission has been pursuing since 2021, by which it asserted jurisdiction to review so-called “killer...more
Le 27 juin 2024, le laboratoire pharmaceutique Servier – qui, entre 2005 et 2007, avait conclu plusieurs accords transactionnels en matière de brevets impliquant des paiements inversés avec des génériqueurs (Niche/Unichem,...more
The ECJ confirms its intolerance against conduct that is viewed as originator companies buying off competition from generic companies about to enter the market and thereby unduly prolonging their monopoly. Such conduct, which...more
The Administrative Supreme Court upholds decisions restricting the prescription of a treatment against osteoporosis.
Upon the assessment of a follow-up study, the French National Authority for Health (“HAS”) recommended...more
Following a Phase II investigation, the European Commission (the “Commission”) on 6 September 2022 prohibited the acquisition of Grail by Illumina, on the basis that the merger would stifle innovation in the emerging market...more
On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation...more
Key takeaways - The European Commission (EC) recently issued guidance encouraging Member States to make use of the option, foreseen in the EU Merger Regulation (EUMR), to request the EC to review transactions that do not meet...more
On 9 September 2020, the French Competition Authority (“FCA”) issued an infringement decision sanctioning Novartis and Roche with record fines for the pharmaceutical sector in France, totaling 444 million euros, for having...more
1/28/2021
/ Biotechnology ,
Competition ,
Enforcement Actions ,
France ,
French Competition Authority ,
Genentech ,
Infringement ,
Life Sciences ,
Novartis ,
Off-Label Use ,
Pharmaceutical Industry
In three recent judgments issued on 5 October 2020, the General Court of the European Union ("GCEU") partially annulled the European Commission’s ("Commission") decisions of February 2017 which had authorized onsite...more
10/22/2020
/ Annulment ,
Antitrust Investigations ,
Corporate Counsel ,
Dawn Raids ,
EU ,
European Commission ,
Evidentiary Standards ,
Exchange of Information ,
France ,
General Court of the European Union (GCEU) ,
Lack of Authority ,
Standard of Proof ,
Supermarkets
On 12 December 2018, the General Court (“Court”) partially annulled the European Commission’s decision of 9 July 2014 in the Servier case and consequently reduced Servier’s fine by more than 30%, from €330.99 million to...more
12/21/2018
/ Abuse of Dominance ,
Annulment ,
Anti-Competitive ,
Antitrust Violations ,
EU ,
European Commission ,
European Patent Office ,
Fee Reductions ,
General Court of the European Union (GCEU) ,
Generic Drugs ,
IP License ,
Patent Validity ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Reverse Payment Settlement Agreements ,
Settlement Agreements ,
Treaty on the Functioning of the European Union (TFEU)