Dominance in the Pharmaceutical Sector: An Overview of EU and National Case Law
The pharmaceutical sector is regularly on the radar of European competition authorities, with seven decisions adopted in the last 18 months and multiple on-going investigations. The matters cover a wide range of practices, from excessive pricing to pay for delay, refusal to supply and, more generally, commercial strategies implemented by pharmaceutical companies to delay generic or biosimilar entry.
Attorneys Mélanie Thill-Tayara and Marion Provost describe the most recent developments in the sector, focusing on abuses of dominance cases. Originator companies are particularly exposed to this type of infringement because, after the patent protection period they need to adapt to potential market competition.