Servier Suspected Of Providing False And Misleading Information In Pharmaceutical Sector Inquiry

Author:Mr SJ Berwin's EU & Competition Team
Profession:SJ Berwin LLP
 
FREE EXCERPT

On 26 July 2010 the Commission issued a statement of objections to Les Laboratoires Servier and Servier SAS (together "Servier") under EU antitrust rules. The Commission is of the provisional view that Servier provided misleading and incorrect information to the Commission in reply to a request for information. A questionnaire had been sent by the Commission to various stakeholders, including Servier, in relation to its inquiry into the pharmaceutical sector, which was concluded in June 2009.

Servier will now have the opportunity to submit a written response to rebut the Commission's allegations in the statement of objections and may also request an oral hearing if it so wishes.

If the Commission ultimately concludes that Servier intentionally or negligently provided misleading or incorrect information to the Commission, the Commission may impose a fine of up to 1% of the turnover of the company in the preceding business year.

The current investigation is not thought to be related to the ongoing investigation against Servier and a number of generic pharmaceutical companies for suspected breach of Articles 101 and 102 of the TFEU. In that case the Commission is investigating whether Servier's unilateral conduct, as well as certain agreements between it and five generic pharmaceutical companies, may have hindered entry on to the market of generic perindopril, a...

To continue reading

REQUEST YOUR TRIAL