Competition

EU’s top court clarifies when a patent settlement agreement can infringe EU antitrust rules

Francesca Miotto

The Court of Justice of the EU (ECJ) has for the first time ruled on the issue of settlement agreements involving a value transfer (monetary or otherwise) between the holder of a pharmaceutical patent and generic drug manufacturers (so-called ‘pay-for-delay’ agreements). It has clarified the criteria governing when entry into this type of agreement can Read More

EU Advocate General suggests pay-for-delay settlement agreements may be an abuse of dominant position

Charles Tuffreau

In an opinion issued on 22 January 2020 in the case Generics (UK) Ltd e.a. vs. Competition and Markets Authority (C 307/18), Advocate General Kokott proposes that the Court of Justice of the European Union (CJEU) should find that “an agreement in settlement of a dispute between the holder of a pharmaceutical patent and a Read More

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