Competition

Competition authorities debate the circumstances in which intervention against alleged excessive pricing practice in the pharmaceutical sector may be justified

Francesca Miotto

In recent years, consumer organisations have been monitoring the evolution of medicine prices in the EU and have, in some cases, called for the intervention of competition authorities to protect citizens’ rights to affordable healthcare. In the context of this resurgence of interest in excessive pricing in the pharmaceutical sector, on 28 November 2018, the Read More

French antitrust watchdog launches public consultation regarding distribution of OTC medicines

Patricia Carmona Botana

On 18 October 2018, the French Competition Authority (FCA) announced the opening of a public consultation relating to its sector inquiry into the distribution of medicines and biomedical laboratories launched in November 2017. Interested parties (such as healthcare professionals, pharmaceutical and health product distributors, retail pharmacies, etc.) are invited to submit comments to a set Read More

Dutch antitrust watchdog to conduct extensive investigation into proposed merger of independent treatment centres

Iradj Nazaryar

On 17 August 2018, the Dutch Authority for Consumers and Markets (ACM) published its decision that two independent treatment centres for certain specialist medical care, NL Healthcare Clinics and Bergman Clinics, must apply for a merger licence. A merger licence must be applied for where a proposed merger is not cleared by the ACM after an Read More

Commission closes infringement proceedings against Poland, Romania and Slovakia relating to parallel trade of medicines

Juraj Gyarfas

On 17 May 2018, the European Commission announced that it had decided to close its infringement procedures and the treatment of complaints related to parallel trade of medicines for human use against Poland, Romania and Slovakia. By way of background, parallel trade has long been a major concern for both governments and pharmaceutical companies in Read More

Suppliers of luxury goods can restrict online sales on (discernible) third-party platforms, says the Court of Justice

Florence Ninane

The European Court of Justice (ECJ) handed down yesterday its much awaited ruling in Coty Germany GmbH (C-230/16). It has clarified that a supplier of luxury goods can include a clause in selective distribution agreements prohibiting authorised distributors from selling those goods through non-authorised third-party platforms in a discernible manner, in order to preserve the Read More