What the Servier judgment teaches us about market definition under Article 102 and patent settlement agreements under Article 101

What the Servier judgment  teaches us about market definition under Article 102 and patent settlement agreements under Article 101

February 2019 CPI EU News Column edited by Thibault Schrepel, Sam Sadden & Jan Roth (CPI) presents: What the Servier judgment1 teaches us about market definition under Article 102 and patent settlement agreements under Article 101 By James Killick, Jérémie Jourdan & Pierre Pêcheux (White & Case)2 Click here for a PDF version of the article For […]

Excessive Pricing in Pharmaceutical Markets

Excessive Pricing in Pharmaceutical Markets

January 2019 CPI Europe Column edited by Anna Tzanaki (Competition Policy International) & Juan Delgado (Global Economics Group) presents: Excessive Pricing in Pharmaceutical Markets By Pedro Caro de Sousa (OECD)1 Click here for a PDF version of the article   Introduction This piece summarises the contents of a background note written for an OECD roundtable on excessive pricing in […]

US: California AG sues Abbvie for illegal kickbacks

US: California AG sues Abbvie for illegal kickbacks

Pharmaceutical company Abbvie had its shares drop about 3% last week after California’s insurance commissioner Dave Jones sued the company, alleging Abbvie has been providing kickbacks in the form of nursing support and insurance assistance to prompt doctors to write prescriptions for its arthritis drug Humira. Mr. Jones, who filed a complaint in Alameda County […]

US: Pay-for-delay lawsuit settled for US$270m

US: Pay-for-delay lawsuit settled for US$270m

Endo International Plc, Teva Pharmaceuticals and Teikoku Seijaku have agreed to pay a cumulative US$270.8 million to resolve class action lawsuits alleging Endo paid to delay launching a generic version of its Lidoderm painkiller patch. Endo has agreed to pay a combined US$100 million to resolve claims brought by separate classes of direct purchasers of […]

Innovation and the Firm: A New Synthesis

Posted by Social Science Research Network Innovation and the Firm: A New Synthesis By Peter Lee (University of California) Abstract:       Recent scholarship highlights the prevalence of vertical disintegration in high-technology industries, wherein specialized entities along a value chain transfer knowledge-intensive assets between them. Patents play a critical role in this process by […]

EU: Commission objects to Teva-Cephalon “pay-for-delay”

EU: Commission objects to Teva-Cephalon “pay-for-delay”

The European Commission has informed pharmaceutical company Teva of its preliminary view that an agreement concluded with Cephalon was in breach of EU antitrust rules. Under the agreement, Teva committed not to market a cheaper generic version of Cephalon’s drug for sleep disorders, modafinil. Margrethe Vestager, Commissioner in charge of competition policy, said, “Market entry […]

US: West Virginia joins multi-state price fixing law suit

US: West Virginia joins multi-state price fixing law suit

West Virginia Attorney General Patrick Morrisey joined a multistate lawsuit alleging antitrust violations involving an antibiotic, an oral diabetes medication and six generic drug manufacturers. The companies have been accused of fixing prices, coordinating schemes through direct interactions with competitors and allocating markets among other assertions. The companies sued were Heritage Pharmaceuticals, Inc., Aurobindo Pharma […]

US: Ranbaxy pay-for-delay trial starts

US: Ranbaxy pay-for-delay trial starts

As complex as reverse-payment antitrust lawsuits can be, the one being litigated against generic drug maker Ranbaxy over its settlement with Cephalon can be broken down to the difference between fine and coarse salt, said one of the attorneys bringing the case. Foley & Lardner attorney James Matthews, who is representing fellow generic drug maker […]

South Africa: Pfizer denies over-charging for cancer drugs

South Africa:  Pfizer denies over-charging for cancer drugs

US drugmaker Pfizer has denied allegations it overcharged for cancer medicines in South Africa following an investigation launched on Tuesday by the country’s competition watchdog into three drug companies. The Competition Commission said it would investigate Aspen Pharmacare, Africa’s biggest generic drugmaker, Pfizer and Swiss-based Roche Holding on suspicion of charging too much for cancer […]

Sharing, Samples, and Generics: An Antitrust Framework

Posted by Social Science Research Network Sharing, Samples, and Generics: An Antitrust Framework By Michael A. Carrier (Rutgers Law School) Abstract:     Rising drug prices are in the news. By increasing price, drug companies have placed vital, even life-saving, medicines out of the reach of consumers. In a recent development, brand firms have prevented generics […]

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