Pharma Cases Show How Brexit Could Hit Alignment Of UK & EU Competition Law
Brexit could result in a gradual divergence of competition law decisions in the UK and the EU, according to one law firm, which already detects evidence of this in recent competition cases.
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The EU’s General Court judgement in the Servier pay-for-delay case will put more pressure on competition authorities to show evidence of alleged abuse of a dominant position.
Ongoing Investigations into drug price increases could be at risk following a tribunal ruling in the UK phenytoin sodium case, according to the Competition and Markets Authority, which is considering an appeal against the judgment.
A referral in the long-running paroxetine pay-for-delay case will see the Court of Justice of the EU give preliminary rulings on a number of competition issues such as abuse of a dominant position, the relevant product market, and restrictions of competition by object and by effect.