Competition Law in the Pharmaceutical Sector: Excessive Pricing, Mergers and Theories of Harm

• Jurisdiction: European Union
• Year: 2022
• Author: Nicolas Pourbaix

Speaker

Nicolas POURBAIX is Senior Counsel and Legal Director at AMGEN, a leading biopharmaceutical company, focusing on all areas of competition law, including pricing, supply management, cooperation agreements and public procurement across Europe. In addition to anti-trust issues, Nicolas coordinates legal support to AMGEN’s affiliates in Western Europe, Middle-East and Africa. Prior to joining AMGEN, Nicolas was of counsel at the global law firm HOGAN LOVELLS.

Topic

This e-presentation aims to provide a thorough analysis of the profound implications brought about by recent merger and antitrust developments within the pharmaceutical sector. By delving into the subject matter, it sheds light on the evolving landscape and explores the multifaceted impact of these changes.

The presentation commences by elucidating the recent interpretations of the concept of excessive pricing by the Court of Justice of the European Union (CJEU). It highlights the CJEU's nuanced understanding and application of this pivotal concept, which has significant ramifications for pharmaceutical companies and their pricing practices.

Moving forward, the e-presentation proceeds to elucidate the repercussions of the European Commission's Guidance on the application of the referral mechanism as outlined in Article 22 of the Merger Regulation. This guidance, formulated by the European Commission, delineates the principles and procedures governing the referral mechanism in mergers within the pharmaceutical sector.

Throughout the e-presentation, critical appraisal serves as the foundation, offering a balanced examination of the implications of these recent developments. By critically analyzing the impact of the CJEU's interpretation of excessive pricing and...