Pharmaceutical Antitrust – An Analysis of US and EU Law

This book is exactly the tool that was missing for competition lawyers trying to get a better, more focused understanding on how competition rules apply in the pharma sector, its specificities as well as differences between the EU and US. Highly practical, it is easy to navigate. A must have for anyone interested in the topic! Angélique de Brousse, Head of Antitrust, Johnson & Johnson, Brussels

The co-edited book by Thill-Tayara and Gordon is the text that was so far unavailable, but essential for every practitioner in pharmaceutical antitrust. It provides a comprehensive overview of all the topics related to this significant field. Each author clearly presents a unique comparative framework of life-science issues related to competition. The results of this US-EU all-encompassing analysis offer both an overview of the path already traced by the Competition Agencies and insight into prospective issues that could arise in the future, considering the (sometimes) differing approaches of the US and EU. Elisabetta M. Lanza, Italian Competition Authority, Rome

This is an important volume that covers a complex and important area of law in both the US and EU. The coverage of patents, regulation, the legal framework for liability and remedies, and enforcement will be of interest to lawyers and academics alike. Michael A. Carrier, Rutgers University, New Brunswick

The life sciences sector is closely related to people’s life and health, so that it should be under very strict governmental regulation in every country. The book titled Pharmaceutical Antitrust has made a very detailed analysis of US and EU legal systems in this sector, and in addition to the patent system, it comprehensively discusses on antitrust regulation, including abusive conducts, M&A control and concerted behaviors. For my special interest, this book also talks on market definition and RPM in the context of the pharmaceutical sector. In addition to the public enforcement, it discusses also on private enforcement. In recent years, due to the higher and higher pricing, the pharmaceutical sector has become a spotlight of China’s antimonopoly enforcement. I am pleased to be the first reader of the book as Chinese Scholar, and would like to introduce it to my colleagues and Chinese anti-monopoly law enforcers. Xiaoye Wang, China Competition Bulletin, Beijing

Whether you are a practicing attorney who needs to navigate the myriad of differing institutions, procedures, and rules in the US and EU when dealing with cases in the pharmaceutical sector, or an academic who teaches competition law, this book is an invaluable resource. The authors do not assume that the reader has good prior knowledge and so they take a step by step, measured approach to explain the specific provisions prohibiting anticompetitive conducts in the two jurisdictions, and judicial interpretations of those provisions, supported by rich references to cases, before addressing the issues in the pharmaceutical sector. They explain the uniqueness and complexity of investigating this sector, and what is determined to be anticompetitive, well supported by case examples. I would definitely recommend owning this book as a working guide and reference resource. Taimoon Stewart, University of the West Indies, Trinidad & Tobago