Feb-08(1) & (2)

In this issue:

The European Commission’s Sector Inquiry of Pharmaceuticals

Kent Bernard, Feb 06, 2008

The EC Sector Inquiry Regarding Pharmaceuticals: Some Thoughts from a U.S. Perspective

When a major competition authority such as the European Commission launches an inquiry into a sector of the economy with no suggestion of specific wrongdoing, it raises a couple of intriguing points.

Susan Creighton, Scott Russell, Feb 14, 2008

Comment on the EC’s Pharmaceutical Dawn Raids

That the EC has a keen interest in understanding the pharmaceutical industry’s competitive dynamics is hardly exceptional. But the way in which the inquiry commenced has left many wondering why the need for such extreme measures.

Luc Gyselen, Feb 14, 2008

The EC’s Sector Inquiry on Pharmaceuticals

Since the entry into force of Regulation 1/2003 on May 1, 2004, the Commission has already launched four comprehensive sector inquiries on the basis of Article 17. Why have sector inquiries become so fashionable?

David Hull, Feb 07, 2008

The EC’s Investigation into the Pharmaceutical Sector: Trouble Ahead at the IP/Competition Intersection?

The Commission’s sector-wide investigation moves competition law to the center of the generics debate and raises thorny issues on the relationship between the competition and IP rules.

The CFI judgment in Case T-351/03, Schneider Electric SA v. European Commission

Aitor Montesa Lloreda, Feb 05, 2008

Non-contractual liability of the European Community in competition matters: The aftermath of the CFI judgment of 11 July 2007 in Case T-351/03, Schneider v. Commission

Schneider III has made real a possibility which was only theoretical before: that the Commission can be held responsible for damages caused by its wrongful decisions in competition.