The final issue in our health series brings in a global perspective. Four of our authors take a look at the EU approach to pharm.; in particular, at the Italian Pfizer case, the Boehringer decision, and court developments since Astra-Zeneca: Is there a pattern? Back in the U.S. we wonder if K-Dur will force the Supreme Court to look at reverse payments. And for a series wrap-up we ask, “Should policy focus on reducing health care costs?” Finally, taking a breather from health care, we present some interesting policy thoughts from China and Russia. We hope you’re enjoying the Olympics!
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The Muddled EU Approach to Pharm
Looking for Sense in the Italian Antitrust Authority Decision in the Pfizer Xalatan Case
The IAA could find for the existence of the abuse only by misconstruing the very essence of patent law. Daniela Ampollini (Trevisan & Cuonzo)
From Astra-Zeneca to Pfizer: When Protection of Originators Patents Ceases to be a “Right and Becomes an Abuse of Dominance
National agencies do not refrain from dealing with sensitive and critical matters such as the interplay between IP and antitrust law which one would assume the EU Commission would be primarily addressing. Stefano Grassani (Pavia e Ansaldo)
European Commission Enforcement in the Pharmaceutical Sector: Less Than Expected? The Boehringer Case Closure Suggests As Much
The implication appears to be that Boehringer had some case to answer, but the Commission chose not to pursue that case given the settlement. Sean-Paul Brankin (Crowell Moring)
Abuse of Regulatory Procedures in the Pharmaceutical Sector Developments Since the General Court’s Judgment in AstraZeneca
NCAs do indeed appear to have been emboldened in their enforcement of Article 102 TFEU in the pharmaceutical sector. Kristina Nordlander & Patrick Harrison (Sidley Austin)
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K-Dur & Health Policy
Pharmaceutical Patents, Settlements, Reverse Payments, and Exclusion: Update
With the split between the various circuit courts of appeals becoming more clearly drawn, the likelihood that either the Supreme Court or Congress (or both) will take up the issue grows. John Bigelow (Princeton Economics Group)
Why a Reduction in Health Care Costs Per Se May be a Misleading Policy Objective
Policy should focus on the price per constant quality of health care, not the total cost of health care. Rosa Abrantes-Metz (Global Economics Group)
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Global Catchup-Competition Theory from China and Russia
The Extraterritorial Effect of Antimonopoly Law
Antimonopoly law is a way of balancing individual and collective interest and integration interests. Kai Zhang (Southwest University of Political Science and Law, China)
Rules on Retailer-Supplier Relationships in the Competition Policy of the Russian Federation: How and Why Misunderstanding Economics Threatens the Competitiveness of the Sector
Restrictions on contract terms not only generate an excessive administrative burden on market participants but also undermine a successful cooperation between suppliers and retailers. Svetlana Avdasheva & Andrei Shastitko (Higher School of Economics, National Research University (Moscow) & Moscow Lomonosov State University (Moscow)
