Early spring brought us a couple of interesting competition law developments involving France. First, the Court of Appeal in Paris annulled a judgment by a lower court that dismissed a damages action against Sanofi in relation to its practice of “denigration” or “disparagement” of competitors. Next, the European Commission partly referred the McKesson/Phoenix merger to … Continue reading Sanofi and McKesson/Phoenix – Better late than never?
There was an interesting development at the intersection of Big Tech and medical devices in California this week, as Justice Jeffrey S. White largely denied Apple’s motion to dismiss a claim from AliveCor in the US District Court, Northern District of California, alleging that Apple unlawfully monopolised the U.S. market for watchOS heart rate analysis … Continue reading Apple v AliveCor – What it tells us about future MedTech antitrust battles
No-poach and wage-fixing agreements are somewhat of a new trend in antitrust enforcement. The US Department of Justice (DoJ) recently beat a challenge against its first criminal wage fixing case, involving wages for physical therapists. The DoJ has opened two further labour-related cases, also in healthcare. Meanwhile in the EU, the Commission has been vocal … Continue reading No-poach and wage-fixing agreements – Is antitrust game?
The National Security and Investment Act 2021 (NSI Act) comes into force on 4 January 2022. From then, the UK Government will be empowered to call in for review any qualifying acquisition which may give rise to UK national security concerns. The NSI Act captures acquisitions of any size, including in certain cases where minority … Continue reading New UK national security rules – What do they mean for life science investments?
In this post, we share the latest developments in the Illumina/GRAIL merger. This case involves the now completed acquisition by Illumina of GRAIL, a company that has developed a test, which has shown the ability to detect multiple cancers from a single blood draw. GRAIL was founded by Illumina but spun off in 2016. Illumina … Continue reading The Amici Curiosi – And other developments in Illumina/GRAIL
(...and four other takeaways from the Cephalon decision) Although the European Commission adopted the latest of its pay-for-delay decisions in November 2020, the Cephalon decision was only published in July of this year. With the Lundbeck agreements first coming under Commission scrutiny in 2003, pay-for-delay enforcement turned 18 this year. Below we set out a … Continue reading Pay-for-delay hits 18 in the EU – Adulthood, but what comes next?
The UK remains an important jurisdiction for antitrust and IP cases, so it is no surprise that sometimes a case comes along in which the two fields are both highly relevant. NHS v Servier is such a case, with the NHS basing claims for damages not only on breaches of competition law, but also on … Continue reading Our thoughts on the NHS’s loss against Servier in the Supreme Court
From unlawful means to counterfactuals, and from disclosure of medical devices pricing to hospital passes, please find below the other developments in healthcare that caught our eye this summer. UK Health Service suffers loss in claim against Servier The UK National Health Service (NHS) suffered a defeat in the UK Supreme Court (UKSC) in July … Continue reading Other interesting developments in healthcare that caught our eye this summer
Excessive pricing, sham patents and private actions, please find below the antitrust enforcement developments in healthcare that caught our eye this summer. Three excessive pricing decisions and a statement of objections Are excessive pricing cases like London buses? You might think so after waiting for one for months only for four to appear practically at … Continue reading Developments in antitrust enforcement in healthcare that caught our eye this summer
To kick things off, we’re publishing three updates, covering what you may have missed this summer in mergers, antitrust and other developments. Below you will find the merger developments in healthcare that caught our eye this summer. Green light for AstraZeneca’s Alexion deal There was good news for AstraZeneca as the CMA and the European … Continue reading Healthcare mergers: What caught our eye this summer