Description
Book SynopsisThis 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.
Trade Review'Impressive and comprehensive. Any practitioner, policy maker or corporate counsel with in an interest in the pharmaceutical industry will find in this book a full overview of the competition and trade issues facing the sector, both from a legal and economic perspective, and covering all the major economies in the world.'
--Gunnar Niels, Oxera Consulting LLP, UK
Table of ContentsContents: 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
