Editores: Wolf Sauter, Marcel Canoy and Jotte Mulder.

Autores: Frederick Abbott, Freek Bruggert, Marcel Canoy, Clara Ceulemans, Margherita Colangelo, Claudia Desogus, Constance Dobelmann, Adrien Giraud, Andrew Groves, Leigh Hancher, Behrang Kianzad, Christy Kollmar, Ioannis Lianos, Timo Minssen, Harald Mische, Giorgio Monti, Jotte Mulder, Okeoghene Odudu, Frantzeska Papadopoulou, Juliette Raffaitin, Wolf Sauter, Jan Truijens Martinez, Lourenço Ventura, Matthijs Versteegh

This timely book discusses the application of the EU competition rules to pharmaceuticals, covering the prohibitions on anticompetitive agreements and abuse of dominance, and merger control.


The author team comprises academic experts and private practitioners who analyse recent case law at both EU (and UK) and Member State levels – in the context of current issues and future trends, including those related to COVID-19 – and examine the impact of competition law on the behaviour of the pharmaceutical industry. The book carefully considers the balance between competition and innovation, as well as between competition and regulation. It concludes that competition and regulation are not alternatives, but complementary, and that novel ways of taking into account risk and real innovation through competition assessments have been developed.


TABLE OF CONTENTS:


Foreword


PART I INTRODUCTION, LEGAL AND ECONOMIC CONTEXT


1 Introduction. Marcel Canoy, Jotte Mulder and Wolf Sauter


2 Excessive pricing doctrine in the pharmaceutical sector:
the space for reform. Frederick M Abbott


3 Evergreening exclusive rights in pharmaceutical products:
the case of SPCs, paediatric extensions and orphan drugs.
Frantzeska Papadopoulou


4 The economics of patents and innovation in pharma.
Marcel Canoy and Matthijs Versteegh


PART II THE COMPETITION CASES


SECTION IIA. PAY FOR DELAY AND PATENT STRATEGIES


5 Settlement agreements acknowledging patent validity in
the United Kingdom. Okeoghene Odudu


6 Anticompetitive pharmaceutical patent settlements: the EU
cases on pay-for-delay. Jotte Mulder and Wolf Sauter


SECTION IIB. EXCESSIVE PRICING


7 The Aspen case of the Italian Competition Authority. Claudia Desogus


8 Unfair pricing: policy considerations and recent experience
in the pharmaceutical sector. Andrew Groves and Lourenço Ventura


9 Temporary dominance and excessive pharmaceutical
pricing – CD Pharma (Denmark). Behrang Kianzad


10 Excessive pricing for pharmaceuticals in the Netherlands:
the Leadiant case. Freek Bruggert and Clara Ceulemans


11 The EU Aspen decision: the European Commission’s first
excessive pricing decision in the pharmaceutical market. Harald Mische


SECTION IIC. DISPARAGEMENT AND MISLEADING
INFORMATION


12 Disparagement: the European Union and France. Adrien Giraud, Juliette Raffaitin and Constance Dobelmann


13 The dissemination of misleading information in the
pharmaceutical market: the Italian experience. Margherita Colangelo


SECTION IID. MERGERS AND PARALLEL TRADE


14 EU merger control in the pharmaceutical sector: an overview. Jan Truijens Martinez


15 Taking stock of the single market imperative in the Court’s
case law on parallel trade in pharmaceuticals: are matters
as settled as they seem? Jotte Mulder


PART III FUTURE DIRECTIONS


16 Towards responsive enforcement of EU antitrust in
pharmaceuticals. Wolf Sauter


17 Excessive pricing in pharmaceuticals: perspectives from
EU antitrust and regulation. Giorgio Monti and Leigh Hancher

18 Tackling grand challenges with competition law: lessons
from the pandemic. Ioannis Lianos, Timo Minssen and Christy Kollmar


Index