Nov-08(1)

The EC Pharmaceutical Report Kent Bernard, Nov 12, 2008 The 2008 EC Sector Inquiry Regarding Pharmaceuticals: What Does It Mean from a Research-Based Company Perspective? A sector inquiry is never pleasant for the sector involved. It is much like going to the dentist for a checkup. The best possible result is that after all is […]

Reviving Competition in Healthcare Markets: The Use of Section 5 of the FTC Act

This article is part of a Chronicle. See more from this Chronicle David Balto, Nov 12, 2008 The Federal Trade Commission’s (“FTC”) powers under Section 5 of the FTC Act are often misperceived, often by the enforcers themselves. Too often in the past, the FTC has perceived itself as the younger sister of the Antitrust […]

The EC Pharmaceutical Inquiry: Behind the Headlines, What is the Real Story on Innovation and Generic Competition in Pharmaceuticals?

This article is part of a Chronicle. See more from this Chronicle Thomas Cueni, Nov 12, 2008 While the pharmaceutical sector waits for the European Commission’s interim report and hearing scheduled for November 28, 2008, there is an opportunity to step back and examine critically the premise of the inquiry started infamously with dawn raids […]

A Tale of Two Sector Inquiries: Comparing and Contrasting Experiences in the U.K. and EU

This article is part of a Chronicle. See more from this Chronicle Suzanne Innes-Stubb, Mark Powell, Nov 12, 2008 The European Commission and the U.K. Competition Commission (“CC”) both have powers to carry out sector inquiries (or “market investigations” in the U.K. terminology) to investigate apparent restrictions or distortions of competition in particular markets within […]

The Pharmaceutical Inquiry: Anything to Report?

This article is part of a Chronicle. See more from this Chronicle Sean-Paul Brankin, Nov 12, 2008 One reaction to the pharmaceuticals sector inquiry, particularly from the originator side of the industry, has been to question the need for the investigation. What is certain is that the Commission has set itself a challenging task. It […]

The EC’s Investigation into the Pharmaceutical Sector: Trouble Ahead at the IP/Competition Intersection?

This article is part of a Chronicle. See more from this Chronicle David Hull, Nov 12, 2008 Efforts by innovative pharmaceutical companies to protect their markets against generic drugs have generated a wide-ranging debate over how to achieve the proper balance between these companies legitimate interests in reaping the full rewards of their research and […]

The 2008 EC Sector Inquiry Regarding Pharmaceuticals: What Does It Mean from a Research-Based Company Perspective?

This article is part of a Chronicle. See more from this Chronicle Kent Bernard, Nov 12, 2008 A sector inquiry is never pleasant for the sector involved. It is much like going to the dentist for a checkup. The best possible result is that after all is said and done, nothing was wrong and life […]

A Report on Section 5

This article is part of a Chronicle. See more from this Chronicle Joe Sims, Nov 12, 2008 As this is published, the United States has just elected a new President. No matter who won, it is likely that the federal antitrust enforcement agencies—the Department of Justice’s Antitrust Division (DOJ) and the Federal Trade Commission (“FTC”) […]

The Wisdom of Using the “Unfair Method of Competition” Prong of Section 5

This article is part of a Chronicle. See more from this Chronicle Nov 12, 2008 The basic question I am addressing concerns the wisdom of using the “unfair method of competition” prong of Section 5 of the Federal Trade Commission Act to prohibit conduct that does not violate the Sherman Act or the other antitrust […]