This article is part of a Chronicle. See more from this Chronicle Kent Bernard, Feb 23, 2009 You could posit several fairly obvious reasons for the perceived lack of new innovative drugs in the European Union: Low reimbursement levels for innovative medicines and insistent tolerance for diversion/parallel would certainly be on the list. And reference […]

In this issue: The EC Pharmaceutical Sector Inquiry   Kent Bernard, Feb 23, 2009 Solving the Wrong Problem The Preliminary Report on the EC Pharmaceutical Sector Inquiry: What Have We Really Learned? If the European Commission truly wants to see why R&D is less than it would like, and generics are not competing harder with […]

This article is part of a Chronicle. See more from this Chronicle Luc Gyselen, Feb 26, 2009 This article will focus on the Commission’s antitrust enforcement agenda and examine two questions. First, why does the Report in spite of repeated disclaimers that it does not contain any finding of wrongdoing create the impression that the […]

This article is part of a Chronicle. See more from this Chronicle David Hull, Feb 25, 2009 Much of the discussion at the time of the Report’s release and since has revolved around the European regime governing the recognition and enforcement of patents. Intellectual property experts are troubled by inaccuracies in the Report as well […]

This article is part of a Chronicle. See more from this Chronicle Anthony Dawes, James Killick, Feb 24, 2009 On November 28, 2008, DG Competition’s (“DG COMP”) published its Preliminary Report (“the Report”) on the pharmaceutical sector inquiry. The Report claims that Research & Development (“R&D”)-based pharmaceutical companies (“originator companies” ) have recourse to a […]

This article is part of a Chronicle. See more from this Chronicle Susan Creighton, Seth Silber, Feb 24, 2009 This commentary explores the potential impact of the [Pharmaceutical] Report in Europe, and evaluates whether the EC’s posture regarding pharmaceutical conduct identified in the Report may ultimately go beyond FTC enforcement regarding that conduct. In doing […]

This article is part of a Chronicle. See more from this Chronicle Kristina Nordlander, Stephen Spinks, Feb 24, 2009 In the presentation of its Preliminary Report on the pharmaceutical sector inquiry, the European Commission attempted to perform a delicate balancing of competition and International Property (“IP”) law. While the Commission went out of its way […]

This article is part of a Chronicle. See more from this Chronicle Elena Kamilarova, Dominik Schnichels, Feb 24, 2009 On November 28, 2008 the European Commission published its preliminary findings on the inquiry into the pharmaceutical sector in the European Union. The preliminary report shows that originator companies engage in practices that can contribute to […]