JUL-12(2)

The final issue in our health series brings in a global perspective. Four of our authors take a look at the EU approach to pharm.; in particular, at the Italian Pfizer case, the Boehringer decision, and court developments since Astra-Zeneca: Is there a pattern? Back in the U.S. we wonder if K-Dur will force the Supreme Court to look at reverse payments. And for a series wrap-up we ask, “Should policy focus on reducing health care costs?” Finally, taking a breather from health care, we present some interesting policy thoughts from China and Russia. We hope you’re enjoying the Olympics!

The Muddled EU Approach to Pharm

Daniela Ampollini, Jul 27, 2012

Looking for Sense in the Italian Antitrust Authority Decision in the Pfizer Xalatan Case

The IAA could find for the existence of the abuse only by misconstruing the very essence of patent law. Daniela Ampollini (Trevisan & Cuonzo)

Stefano Grassani, Jul 27, 2012

From Astra-Zeneca to Pfizer: When Protection of Originators Patents Ceases to be a “Right and Becomes an Abuse of Dominance

National agencies do not refrain from dealing with sensitive and critical matters such as the interplay between IP and antitrust law which one would assume the EU Commission would be primarily addressing. Stefano Grassani (Pavia e Ansaldo)

Sean-Paul Brankin, Jul 27, 2012

European Commission Enforcement in the Pharmaceutical Sector: Less Than Expected? The Boehringer Case Closure Suggests As Much

The implication appears to be that Boehringer had some case to answer, but the Commission chose not to pursue that case given the settlement. Sean-Paul Brankin (Crowell Moring)

Patrick Harrison, Kristina Nordlander, Jul 27, 2012

Abuse of Regulatory Procedures in the Pharmaceutical Sector Developments Since the General Court’s Judgment in AstraZeneca

NCAs do indeed appear to have been emboldened in their enforcement of Article 102 TFEU in the pharmaceutical sector. Kristina Nordlander & Patrick Harrison (Sidley Austin)

K-Dur & Health Policy

John Bigelow, Jul 27, 2012

Pharmaceutical Patents, Settlements, Reverse Payments, and Exclusion: Update

With the split between the various circuit courts of appeals becoming more clearly drawn, the likelihood that either the Supreme Court or Congress (or both) will take up the issue grows. John Bigelow (Princeton Economics Group)

Rosa Abrantes-Metz, Jul 27, 2012

Why a Reduction in Health Care Costs Per Se May be a Misleading Policy Objective

Policy should focus on the price per constant quality of health care, not the total cost of health care. Rosa Abrantes-Metz (Global Economics Group)

Global Catchup-Competition Theory from China and Russia

Kai Zhang, Jul 27, 2012

The Extraterritorial Effect of Antimonopoly Law

Antimonopoly law is a way of balancing individual and collective interest and integration interests. Kai Zhang (Southwest University of Political Science and Law, China)

Svetlana Avdasheva, Andrey Shastitko, Jul 27, 2012

Rules on Retailer-Supplier Relationships in the Competition Policy of the Russian Federation: How and Why Misunderstanding Economics Threatens the Competitiveness of the Sector

Restrictions on contract terms not only generate an excessive administrative burden on market participants but also undermine a successful cooperation between suppliers and retailers. Svetlana Avdasheva & Andrei Shastitko (Higher School of Economics, National Research University (Moscow) & Moscow Lomonosov State University (Moscow)

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