Regulation - in the Spotlight
The courts’ focus on industry strategies could mean some practices are deemed infringements of competition law
It is well known that maintaining the value of the product’s brand is key if pharmaceutical companies are to recoup the significant, long-term investments often incurred in research and development. The strategies employed to achieve this take place within the boundaries of a heavily regulated arena and many in the industry will be acutely aware of these limits. Now, though, following two recent court decisions and further movement by the European Commission (EC) and national regulators, a number of these standard industry strategies may soon be deemed to infringe competition law.
Natasha Kirk and Stephen Whitfield look at the issues facing pharmaceutical companies.
Lawyers Robert Vidal, Louisa Penny
This article featured in the March 2011 edition of PME and is reproduced with the kind permission of the editors.