Seventh United Nations Conference to review the UN Set on Competition - - PowerPoint PPT Presentation

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Sep 07, 2023 161 likes •316 views

Seventh United Nations Conference to review the UN Set on Competition Policy Wednesday 8 th July 2015 Round table on Role of Competition in the Pharmaceutical Sector and its benefits for Consumers The EU perspective: competition issues in the

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Seventh United Nations Conference to review the UN Set on Competition Policy

Wednesday 8th July 2015 Round table on Role of Competition in the Pharmaceutical Sector and its benefits for Consumers

The EU perspective: competition issues in the pharmaceutical sector

DG Competition European Commission

The views expressed are purely personal and do not represent an official position of the European Commission or UNCTAD.

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I. Pharma Sector Inquiry (2008-7/2009)
Pharma industry: 430 €/annum/patient for prescription drugs
Launch (1/2008) to investigate underlying causes for:
Delayed market entry of generic medicines

> 1st Section: Competition between Originator and Generic Companies

Less market entry of new originator medicines

> 2nd Section: Competition between Originator Companies Methodology: In depth

analysis of 219 medicines

Observations on regulatory framework (patent system; marketing

authorisation and pricing and reimbursement)

Final Report after 18 months (7/2009; 600 pages; following

Preliminary Report and Hearing)

http://ec.europa.eu/competition/sectors/pharmaceuticals/inquirv/index.html

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Generics erode prices and gain market shares resulting in consumer savings.

After generic entry Before generic entry

Why do some patent settlement agreements raise concerns?

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EU cases with a patent context:

39.226 Lundbeck (6/2013)

No settlements, but agreements concluded in the context of a patent dispute (Art. 101)

39.612 Servier (7/2014)

Patent settlements and unilateral conduct to exclude generics (Art. 101 and 102)

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Conclusions

Special situation of the pharmaceutical sector:

highly regulated (market authorisation, pricing, reimbursement, IPR)
high investment into R&D compared to other sectors

Yet, no exemption of the sector from competition scrutiny (evident from judgements

f European courts)

Practices aimed at reducing competition:

n price (e.g. delaying/blocking generic entry) or
n innovation (e.g. delaying/blocking entry of new innovative product)

likely to attract scrutiny. => each case to be assessed on its own merits

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Thank you!

Website:

http://ec.europa.eu/competition/sectors/pharmaceuticals/overview_en.html#