EU Law of Competition and Trade in the Pharmaceutical Sector

This book provides a systematic analysis of the law and practice of EU competition/antitrust law and trade regulation in the pharmaceutical sector. Authored by leading private practitioners, economists, scholars and high-profile competition enforcers, this work provides valuable insider knowledge on the application of competition law and policies to the pharmaceutical industry.

Key features include:

• Extensive commentary on the legislation and the latest case law and administrative precedents in the pharmaceutical sector, at both EU and national level

• Coverage of various key developments including the recent pay-for-delay antitrust investigations, the perennial issues around parallel trade, and an examination of mergers among pharmaceutical companies and medical devices manufacturers

• In-depth analysis of topics commonly raised in the pharmaceutical sector including: pricing policies, IP life-cycle management, IP licensing and horizontal cooperation agreements

• Key economic and business perspectives to accompany legal analysis, providing the reader with a rounded view of the subject matter.

This book will be a useful resource for lawyers and in-house counsel active in the pharmaceutical sector. The information and analysis provided will prepare readers to take on cases and drive the antitrust review of transactions and agreements within the industry. Researchers, economists and civil servants with an interest in competition law and trade regulation can also benefit from the practical insights provided therein.

1. Competition Law and Pharma: An Economic Perspective
Benoît Durand

2. Reverse Payments: an EU and U.S. Perspective
Frank Maier-Rigaud, Nathan Blalock and Oliver Gannon

3. Article 101 TFEU: Horizontal Cooperation Agreements in the Pharmaceutical Sector
Soledad Blanco Thomas, Lilia Luchianov and Thomas Weck

4. The Competitive Assessment of IP Licensing Agreements in the Pharmaceutical Sector
Pierre Moullet

5. Article 102 TFEU: Patent filings as an abuse of dominant position after “AstraZeneca”: the patent / antitrust interface under a new perspective
Francisco Hernández

6. Mergers in the Pharmaceutical Sector
Pablo Figueroa and Alejandro Guerrero

7. Mergers in the Medical Devices Sector
Jan Heithecker

8. Antitrust Practices in Pharmaceutical Public Procurement
Antonio Minho López

9. EU Trade Law and Pharmaceuticals
Pascale Hecker

10. The Pharmaceutical Sector and Parallel Trade
Edurne Navarro Varona and Cristina Caballero

11. Free Movement and Competition in the European Market for Pharmaceuticals
Pedro Caro de Sousa

12. IP Law and Pharmaceuticals: Patents and Supplementary Protection Certificates in the Pharmaceutical Sector
Rais Amils

13. The EU Regulatory Framework for Medical Products for Human Use
Marc Martens and Nicolas Carbonnelle

14. Antitrust and the Pharmaceutical Industry in the United States
George A. Hay

15. UK Competition and Trade in the Pharma Sector
Paula Riedel

16. Competition law and Pharma: China
Andrew Foster

17. Competition Law and Pharma: Spain
Helmut Brokelmann and Mariarosaria Ganino

18. The Application of Competition Law in the Pharmaceutical Sector: Challenges for BRICS
Maria Ioannidou and Ioannis Kokkoris

19. Product Hopping: The U.S. Approach
Michael A. Carrier

20. Marketing data in the Pharmaceutical Sector: a competition law consideration
Pedro Callol

Index