Jurisdiction(s):
European Union

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

Published by a LexisNexis EU Law expert

Practice notes

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...

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David Hull

Van Bael & Bellis

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....

Samuel Hall

Van Bael & Bellis

Samuel Hall is an associate in the competition law practice of Van Bael & Bellis. He advises on both EU and UK competition law and has particular experience advising on issues which arise in the life sciences sector. Before joining Van Bael & Bellis, Samuel worked in the Brussels and London offices of a well-known international law firm....

Michael Clancy

Van Bael & Bellis

Michael Clancy is a competition lawyer who focuses on providing clients with actionable, commercially-minded advice and solutions, allowing clients to manage complex internal and external challenges and achieve their objectives. Michael works with clients in a range of industries and has extensive experience in the life sciences sector, where he advises clients on the competition law issues arising throughout the lifespan of a product, including: Licensing & R&D CollaborationsDeveloping and implementing effective licensing and R&D collaboration arrangements that take into account the limits imposed by the competition laws on issues ranging from pricing control, trade management, information exchange, exclusive arrangements and any required approvals from competition authorities.Pricing Strategies & GovernanceWorking closely with clients’ pricing and reimbursement teams to develop effective and compliant pricing strategies that address threats from competitors and allow successful agreements with payors and authorities. Michael also provides advice on internal and...

Web page updated on 21/05/2026

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