EC’s Preliminary Pharmaceutical Sector Report: An Aggressive Review of Industry Conduct

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Susan Creighton, Seth Silber, Feb 24, 2009

This commentary explores the potential impact of the [Pharmaceutical] 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. In doing so, we discuss many of the key findings of the Report regarding the “causes” of delayed generic entry, and consider how those findings compare to antitrust enforcement undertaken in the United States.