EU Servier Court Ruling 'Reduces Competition Law Risks For Pharma'
The EU’s General Court judgement in the Servier pay-for-delay case will put more pressure on competition authorities to show evidence of alleged abuse of a dominant position.
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The recent upsurge in cases of high drug prices being pursued by competition authorities in Europe could help to lay down some markers for judging what is an “excessive” price in future. At the same time, Brexit could see the UK and the EU begin to drift apart in terms of how they apply competition law to pricing issues.
Brexit could result in a gradual divergence of competition law decisions in the UK and the EU, according to one law firm, which already detects evidence of this in recent competition cases.
A referral in the long-running paroxetine pay-for-delay case will see the Court of Justice of the EU give preliminary rulings on a number of competition issues such as abuse of a dominant position, the relevant product market, and restrictions of competition by object and by effect.