It’s the Law: The European Commission’s Report on the Inquiry Into the Pharmaceutical Sector: A Critical Analysis From a Patent and Antitrust Law Perspective

| 01 January 2010

On 8 July 2009, the European Commission published its final report on its inquiry into the pharmaceutical sector.1 The report concluded that competition is not functioning properly in the pharmaceutical sector. According to the findings of the Commission, the entry of generic drugs onto the European market is being delayed and fewer new pharmaceutical products have entered the market in recent years. "When it comes to generic entry, every week and month of delay costs money to patients and taxpayers. We will not hesitate to apply the antitrust rules where such delays result from anticompetitive practices. The first antitrust investigations are already underway, and regulatory adjustments are expected to follow dealing with a range of problems in the sector," Commissioner for Competition Neelie Kroes commented.2


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