Summer 2012, Volume 7, Number 2

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 […]

Svetlana Avdasheva, Andrey Shastitko, Jul 27, 2012 The Law ‘On Trade,’ adopted in the Russian Federation at the end of 2009, introduced a set of rules that regulate the terms of contracts between food suppliers and retail chains. The legal requirements are very different to any regulations employed in other countries (including the Grocery Supply […]

Patrick Harrison, Kristina Nordlander, Jul 27, 2012 In June 2005, the European Commission issued a decision finding that AstraZeneca had breached Article 102 TFEUby engaging in conduct aimed at blocking or delaying market access for generic alternatives to its blockbuster Losec product. The decision was highly controversial at the time, and the Commission acknowledged that it […]

Stefano Grassani, Jul 27, 2012 On Jan. 11, 2012, the Italian Antitrust Authority (“IAA”) found Pfizer Inc. and its Swedish and Italian subsidiaries guilty of abuse of dominant position pursuant to Article 102 of the Treaty on the Functioning of the European Union. The IAA alleged that these subsidiaries jointly engaged in unlawful exclusionary conducts so […]

Daniela Ampollini, Jul 27, 2012 The January 2012 decision of the Italian Antitrust Authority (“IAA”) in the Pfizer case, involving Pfizer’s actions to counter the marketing of generic versions of its product Xalatan, has given rise to a debate which has hardly appeased. Many commentators have already provided their impression from a competition law perspective. I, […]

Sean-Paul Brankin, Jul 27, 2012 On July 6, 2011, the European Commission closed the case file in itsBoehringer/Almirall investigation. It did so without a formal decision, without formal remedies, and without imposing a fine. There is nothing necessarily remarkable about that. Sometimes an investigation simply reveals that there is no case to answer and the […]

John Bigelow, Jul 27, 2012 In the June issue of this Chronicle my fellow contributors and I described a trend in appellate court decisions involving so called “Reverse Payment” settlements. The trend was towards a rule, called the “scope of the patent” rule, which protects settlements from challenge so long as the terms of settlement […]

Rosa Abrantes-Metz, Jul 27, 2012 There is nearly universal agreement that a restructuring of the health care system is required, particularly with regard to the public financing of health care. Longevity has greatly increased, and the current public health care programs are not designed to sustainably afford such life-long additional expenses. But the policy discussions […]

Kai Zhang, Jul 27, 2012 Monopoly refers to the phenomenon whereby a specific person or enterprise accrues substantial profits by controlling the production and selling of a particular commodity. International monopolies occur when an enterprise gains control of a commodity’s production and sales on a global scale. When capital becomes centralized and monopolies are formed […]