A Substantial Approach to Competition Law Issues in the Pharmaceutical Sector. The Ruling of the CJEU in Hoffman-La Roche vs. AGCM

ABA International Antitrust Committee - Perspective on International Antitrust

12 Pages Posted: 22 Aug 2018

Date Written: June 10, 2018

Abstract

When competition law meets intellectual property, and particularly patent law, it is never easy for competition authorities and judges to strike a balance between these two fields of law. A compromise is even more complicated in the pharmaceutical sector, where also sectorial regulation comes into play and where human health and the sustainability of public budgets are relevant values at stake. The purpose of this paper is to comment the CJEU's preliminary ruling on Hoffman-La Roche vs. AGCM, an unusual cartel case where many features come into play, including competition among licensor and licensee, strategy on communication related to the safety of the drugs and the interplay between competition and sectorial regulation.

Keywords: Competition Law, Antitrust, Pharmaceutical, Cartel, CJEU

JEL Classification: K20, K21

Suggested Citation

Lo Bue, Marco, A Substantial Approach to Competition Law Issues in the Pharmaceutical Sector. The Ruling of the CJEU in Hoffman-La Roche vs. AGCM (June 10, 2018). ABA International Antitrust Committee - Perspective on International Antitrust, Available at SSRN: https://ssrn.com/abstract=3229738

Marco Lo Bue (Contact Author)

Office of Elisabeth Opie ( email )

Barer Stra├če 1
Munich, 80636
Germany

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