In this issue:
The EC Pharmaceutical Sector Inquiry
Solving the Wrong Problem The Preliminary Report on the EC Pharmaceutical Sector Inquiry: What Have We Really Learned?
If the European Commission truly wants to see why R&D is less than it would like, and generics are not competing harder with one another, it will have to broaden its focus and look at the actions of the member states in terms of price, access, and supply (all issues with no U.S. counterparts).
EC’s Preliminary Pharmaceutical Sector Report: An Aggressive Review of Industry Conduct
This commentary explores the potential impact of the Report in Europe, and evaluates whether the EC’s posture regarding pharmaceutical conduct identified in the Report may ultimately go beyond FTC enforcement regarding that conduct.
DG Competition’s Preliminary Report on the Pharma Sector Inquiry: A Need for Clear Signals at the IP/Competition Intersection
As discussed in this short comment, unless DG Competition breaks this silence and offers some guidance that will help innovative pharmaceuticals navigate the sometimes hazardous intersection of intellectual property and competition law, it will be fostering an unhealthy climate of legal uncertainty.
The EC Sector Inquiry Into Pharmaceuticals: Quo Vadis, Commission?
This article will focus on the Commission’s antitrust enforcement agenda and examine two questions. First, why does the Report in spite of repeated disclaimers that it does not contain any finding of wrongdoing create the impression that the pharmaceutical companies engage in many practices that are unlawful (infra Section 1)? Second, which antitrust policy principles should guide the Commission in any future enforcement action under Art. 81 and Art. 82 EC (infra Section 2)?
The Undetected Elephant in the Room: An Analysis of DG Competition’s Preliminary Report on the Pharmaceutical Sector Inquiry
However, when one looks behind these headlines, it becomes clear that the [Pharmaceutical] Report is almost entirely silent on the key issue of causality, i.e. whether there can be said to be a causal link between the potentially anticompetitive practices which the Report identifies and the alleged resulting delays. This article analyzes this issue of causality in an attempt to understand why the Report does not address this fundamental issue.
The Interplay of Patenting Strategies and Competition Law in the Pharmaceutical Sector Inquiry
In the presentation of its Preliminary Report on the pharmaceutical sector inquiry, the European Commission attempted to perform a delicate balancing of competition and International Property (“IP”) law. While the Commission went out of its way repeatedly to state that the value of IP rights in general, and patents in particular, are not in dispute in the sector inquiry, there are indications to the contrary.
Pharmaceuticals Sector Inquiry: The European Commission Presents Its Preliminary Findings
On November 28, 2008 the European Commission published its preliminary findings on the inquiry into the pharmaceutical sector in the European Union. The preliminary report shows that originator companies engage in practices that can contribute to a delay of generic entry. The report also found that originator companies use patent strategies aimed at blocking or delaying the development of novel medicines by competitors.
