JUL-12(2)

Summer 2012, Volume 7 Number 2

In this issue:

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
  1. 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)

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  2. 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)

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  3. 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)

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  4. Kristina Nordlander, Patrick Harrison, 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)

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K-Dur & Health Policy
  1. 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)

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  2. 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)

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Global Catchup-Competition Theory from China and Russia
  1. 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)

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  2. 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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About the Antitrust Chronicle

The CPI Antitrust Chronicle is published online, semi-monthly. It contains cutting-edge commentary on current global antitrust and competition policy issues.

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President & Editor-in-Chief: Elisa Mariscal

Senior Editor: Lindsay W. McSweeney

Social Media: Anna Tzanaki

Subscription Manager: Susan Roberts

Office Manager: Kristen Adrian

Editorial Advisory Board:

Rosa Abrantes-Metz, Global Econ. Group, Stern School of Bus. at NYU

Kent Bernard, Fordham School of Law

Rachel Brandenburger, Washington D.C.

Adrian Emch, Hogan Lovells

Kyriakos Fountoukakos, Herbert Smith

Jay Himes, Labaton Sucharow

James Killick, White & Case

Stephen Kinsella, Sidley Austin

Ioannis Lianos, University College London

Robert O'Donoghue, Brick Court Chambers

Aaron Panner, Kellogg, Huber, Hansen

Nicolas Petit, University of Lìege

Daniel Sokol, University of Florida Levin School of Law

Joshua Wright, George Mason Law School