Competition

Belgian Constitutional Court overrules sales restriction for wholesale distributors of medicines

Kaat Van Delm

On 17 October 2019, the Belgian Constitutional Court rendered a final judgment , annulling Article 3.2° of the new legislation applicable to shortages of medicines in Belgium. The Article had banned the parallel export of medicines by Belgian wholesale distributors, requiring them to only supply medicines for human use to other Belgian wholesale distributors, licensed Read More

Netherlands: Hospitals request three-year suspension of Dutch Competition Act

Hannah Smit

The Dutch Association of Hospitals (NVZ) has published a press release announcing that it has appealed for a three-year temporary suspension of the Dutch Competition Act in the healthcare sector, as various healthcare institutions have entered into arrangements to save on costs that may be in violation of the Act. For example, the institutions have Read More

Excessive pricing practices in the pharmaceutical sector – NCAs’ scrutiny continues

Nele De Backer

Last week, the Belgian and Italian consumer associations Test Aankoop/Test Achats and Altroconsumo filed complaints with their respective national competition authorities, alleging that the pharmaceutical group Biogen is abusing its dominant position by charging excessively high prices for the medicine Spinraza, which it has the exclusive right to market as an orphan drug until 2029. Read More

Report on Competition Policy 2018: The pharmaceutical sector remains a priority

Francesca Miotto

Last week, the European Commission (EC) published its Report on Competition Policy 2018, which provides a non-exhaustive summary of the activities undertaken by the EC in the field of competition law and policy in the year 2018.Whilst this report does not specifically refer to the pharmaceutical sector, the accompanying Commission Staff Working Document, which was Read More

Dutch competition authority extends excessive pricing inquiry to consider possible supply restrictions on orphan ingredients

Francesca Miotto

Last week, the Dutch Authority for Consumers and Markets (ACM) announced that it is investigating whether the Italian pharmaceutical company Leadiant Biosciences restricted the supply of an important raw material for a patented orphan drug, by entering into exclusive agreements with an unnamed supplier. Such supply restrictions for raw materials could, according to the ACM, Read More