The recent Paroxetine and CMA v. Pfizer/Flynn cases confirm the EU approach to pay-for-delay, respectively establish a workable approach to excessive pharmaceutical pricing at least regarding non-innovative drugs. This enables antitrust consolidation regarding further such cases. New directions in the application of EU antitrust law to the pharmaceutical sector can now be identified as a next step. These include an increased focus on biosimilars, the pursuit of excessive pricing cases where patents and regulatory exclusivity are involved, and scrutinizing the confluence of pharmaceuticals with digital services. This reflects the need to balance competition and innovation, and more broadly, the need for speed in order to effectively preserve fair and competitive markets.
|Number of pages||7|
|Journal||Competition Policy International: Antitrust Chronicle|
|Early online date||11 May 2020|
|Publication status||Published - 1 Jun 2020|