First of All, Do No Harm: New Directions in EU Antitrust Enforcement Regarding Pharmaceuticals

The recent Paroxetine and CMA v. Pfizer/Flynn cases confirm the EU approach to pay-for-delay, respectively establish a workable approach to excessive pharmaceutical pricing at least regarding non-innovative drugs. This enables antitrust consolidation regarding further such cases. New directions in the application of EU antitrust law to the pharmaceutical sector can now be identified as a next step. These include an increased focus on biosimilars, the pursuit of excessive pricing cases where paten