David Hull
David Hull practises EU competition law.
David has a wide range of experience as an EU competition lawyer, having started practising in Brussels in 1984.
David specialises in representing clients in complex investigations before the European Commission and in litigation before the EU Courts.
Notable cases include: Lundbeck (“reverse payment” patent settlements); Cathode Ray Tubes (appeal of cartel decision); Ryanair (appeal of Commission decision blocking takeover of Aer Lingus); Akzo (landmark case on legal privilege); Bitumen (appeal of cartel decision) and Microsoft (appeal of fine for alleged non-compliance with Commission decision).
David has in-depth experience in the life sciences sector. He has successfully represented leading life science companies in major EU investigations and regularly advises them on life cycle management issues, European parallel trade and distribution issues (including co-marketing and co-promotion agreements), discount | rebate schemes, collaboration arrangements, IP licensing and mergers.
Practice Area
Panel
- Contributing Author
Qualified Year
- 1983
Qualifications
- State Bar of Georgia (1983)
- Solicitor, England and Wales (2003)
- Avocat, Brussels Bar (2019)
Education
- Free University of Brussels (1984)
- University of Georgia (1983)
- Davidson College (1979)
1 Contributions by David Hull
PRACTICE NOTES
EU competition law in the pharmaceutical sector: market definition, pay-for-delay, pricing abuses, parallel trade, disparagement, regulatory misuse, R&D collaborations, merger control and killer acquisitions
This Practice Note
This Practice Note explains how EU competition law applies to common practices within the pharmaceutical sector. Given medicines’ vital role in safeguarding public health and the heavy cost they impose on national healthcare systems, the sector consistently faces scrutiny from the European Commission and national competition authorities. Behaviours that threaten patients’ access to innovative, affordable treatments therefore rapidly attract enforcement attention. Historically, the Commission has prioritised cases on ‘Pay-for-delay’/reverse payment patent settlements. The pharmaceutical sector also has features that set it apart: substantial and high-risk investment to bring a therapy to market; multiple decision-makers shaping therapy choices (eg healthcare professionals (HCPs), pricing and reimbursement authorities, insurers and hospitals); pervasive price controls; the central importance of intellectual property (IP) rights; intensive regulation; and pronounced public and political scrutiny. These conditions influence how market incentives and rivalry function in the pharmaceutical sector, and how EU and national competition authorities seek to oversee the sector and...
EU Law
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