Reverse-Payment Patent Settlements in the Pharmaceutical Industry: An Analysis of US Antitrust Law and EU Competition Law

2013 ◽  
Author(s):  
Michael j. Clancy ◽  
Damien Geradin ◽  
Andrew Lazerow
Keyword(s):  
Pharmaceutical Industry ◽  
Competition Law ◽  
Antitrust Law ◽  
Eu Competition Law

5. The legal framework

2021 ◽  
pp. 48-54
Author(s):  
Ariel Ezrachi
Keyword(s):  
Mergers And Acquisitions ◽  
Competition Law ◽  
Legal Framework ◽  
Monopoly Power ◽  
Antitrust Law ◽  
Eu Member States ◽  
Eu Competition Law ◽  
The Us ◽  
Restraint Of Trade ◽  
The Eu

‘The legal framework’ outlines the key competition provisions currently in the US and EU. Like in most other jurisdictions, EU and US laws include competition provisions that are used to address antitrust violations such as anti-competitive agreements or abuse of monopoly power. They also include laws dealing with proposed mergers and acquisitions. The US Antitrust Law prohibits contracts and agreements between two or more individuals or entities in restraint of trade or commerce. Meanwhile, EU competition law prohibits agreements between ‘undertakings’ that have, as their object or effect, the prevention, restriction, or distortion of competition, and affect trade between the EU member states.

Excessive pricing in the pharmaceutical industry: adding another string to the bow of EU competition law

2020 ◽  
pp. 1-12
Author(s):  
Diletta Danieli
Keyword(s):  
European Union ◽  
Pharmaceutical Industry ◽  
Competition Law ◽  
Pharmaceutical Companies ◽  
Health Law ◽  
The European Union ◽  
The United Kingdom ◽  
Eu Competition Law ◽  
Policy Objectives ◽  
The Eu

Abstract The paper addresses the issue of excessive price abuse under Article 102(a) of the Treaty on the Functioning of the European Union (TFEU), by drawing inspiration from a recent stream of cases (developed first at the national and then at the EU level) involving pharmaceutical companies marketing off-patent drugs. In particular, the two ‘most advanced’ cases are analysed: Aspen in Italy and Pfizer/Flynn in the United Kingdom. This new-found attention towards exploitative practices in the form of excessive and unfair pricing by dominant undertakings that have traditionally been subject to a cautious antitrust scrutiny seems worth exploring for a number of reasons, as illustrated in the paper. Ultimately, it is argued that this further ‘interference’ of competition law into the realms of regulation may be actually justified, albeit subject to precise conditions for enforcement, and may pursue policy objectives in the wider context of EU health law.

scholarly journals Nonlegal Sanctioning in Private Legal Systems

2021 ◽  
Author(s):  
Jos van Doormaal
Keyword(s):  
Practice Guidelines ◽  
Best Practice ◽  
Competition Law ◽  
Trade Association ◽  
Antitrust Law ◽  
Commercial Arbitration ◽  
Trade Associations ◽  
Legal Rules ◽  
Best Practice Guidelines ◽  
Eu Competition Law

Some modern-day trade associations in commodities industries have complex systems of private commercial enforcement. These associations impose nonlegal sanctions on disloyal industry actors for not complying with awards stemming from specialized commercial arbitration after a business conflict. These extrajudicial measures undermine states’ rights to enact formal legal rules, and could violate US Antitrust Law and EU Competition Law. Yet, they could be viewed as a viable alternative to lengthy and expensive court litigation. This book provides best practice guidelines to highlight under what conditions nonlegal sanctions imposed by a trade association and executed by its members do not violate US Antitrust Law and EU Competition Law.

scholarly journals Información engañosa sobre un producto y derecho antitrust = Misleading information about a product and antitrust law

2018 ◽  
Vol 10 (2) ◽  
pp. 439
Author(s):  
Javier Framiñán Santas
Keyword(s):  
Competition Law ◽  
Antitrust Law ◽  
Misleading Information ◽  
Eu Competition Law ◽  
The Eu

Resumen: La difusión de información engañosa sobre un producto puede, en determinadas cir­cunstancias, restringir la competencia. Este trabajo analiza cuál es el estándar adecuado para evaluar este tipo de práctica a la luz del Derecho de Defensa la competencia de la UE.Palabras clave: información engañosa, Derecho de la competencia, Hoffman La Roche/Novartis. Abstract: Dissemination of misleading information about a product can be considered a restriction of competition under certain conditions. This paper analyses what standard should be employed in the light of the EU Competition Law to evaluate such practice.Keywords: misleading information, competition law, Hoffman La Roche/Novartis.

3. The goals and scope of competition and antitrust laws

2021 ◽  
pp. 28-37
Author(s):  
Ariel Ezrachi
Keyword(s):  
South Korea ◽  
Competition Law ◽  
Consumer Welfare ◽  
Antitrust Law ◽  
Competitive Process ◽  
Eu Competition Law ◽  
Antitrust Laws ◽  
The World ◽  
Competition Laws ◽  
The Eu

‘The goals and scope of competition and antitrust laws’ evaluates the goals and scope of competition and antitrust laws. Competition laws seek to protect the competitive process in the marketplace from companies that seek to distort it. By safeguarding free and fair markets, competition laws promote consumer welfare as well as efficiencies in the marketplace. While key competition law principles are similar across the world, competition laws are not internationally uniform, but are instead customized by each jurisdiction. A comparison can be made between US Federal Antitrust Law and the EU competition law. There are also other jurisdictions that apply competition laws, including China, Japan, and South Korea.

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