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Monitor to gain competition law powers from 1 April
- Bird & Bird
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- United Kingdom
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- February 11 2013
Monitor, the NHS regulator, is to have powers to apply competition law to healthcare service providers from 1 April 2013. The competition law
The omission of notice implies misleading advertising
- Bird & Bird
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- Italy
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- February 9 2011
It is also worth quoting a recent decision concerning misleading advertising in the field of food law
European General Court upholds findings of abuse of dominant position by AstraZeneca for misusing the SPC and marketing authorising systems
- Bird & Bird
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- European Union
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- July 28 2010
The European General Court issued its judgment on 1 July 2010 on AstraZeneca's appeal against the European Commission's decision adopted on 15 June 2005 fining AstraZeneca ("AZ") EUR 60 million for abuse of dominant position through misuse of the patent system to obtain supplementary protection certificates (SPCs) and misuse of the pharmaceutical regulatory system by selective withdrawal of certain marketing authorisations
European Commission reports on the monitoring of patent settlement agreements
- Bird & Bird
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- European Union
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- July 27 2010
In the European Commission's pharmaceutical sector enquiry report of July 2009, the Commission drew attention to patent settlement agreements between originator and generic companies, indicating that these can raise competition law issues in particular where there is a value transfer from the originator, patent owning company to the generic company in return for delayed market entry or limits on market entry on the part of the generic company
Judgment of the European Court of Justice in the GSK dual pricing case
- Bird & Bird
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- European Union
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- October 13 2009
The European Court of Justice ("ECJ") has given judgment on the appeals of the European Commission, GSK and two trade associations against the judgment of the European Court of First Instance ("ECFI") in the GSK dual pricing parallel exports case, Joined Cases C-50106P, C-51506P and C-51906P, GlaxoSmithKline Services Unlimited, formerly Glaxo Wellcome plc v Commission and Commission, EAEPC and Aseprofar v GlaxoSmithKline Services Unlimited, formerly Glaxo Wellcome plc
European Commission’s pharmaceutical sector inquiry final report
- Bird & Bird
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- European Union
- -
- September 25 2009
In July 2009, the European Commission published its final report in its pharmaceutical sector inquiry, which was launched in January 2008
Commission pharma sector enquiry and initiation of formal proceedings against Servier and others
- Bird & Bird
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- European Union
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- July 17 2009
On 8 July 2009, as this update was being finalised, the European Commission published its final report on its inquiry into the pharmaceutical sector
Opinion of the Advocate General in the GSK dual pricing case pending before the European Court of Justice
- Bird & Bird
- -
- European Union
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- July 17 2009
Advocate General Trstenjak has delivered her opinion on the appeals of the European Commission, GSK and two trade associations against the judgment of the European Court of First Instance ("ECFI") in the GSK dual pricing parallel exports case, Joined Cases C- 50106P, C-51506P and C-51906P, GlaxoSmithKline Services Unlimited, formerly Glaxo Wellcome plc v Commission and Commission, EAEPC and Aseprofar v GlaxoSmithKline Services Unlimited, formerly Glaxo Wellcome plc
NMa fines two cartels in Dutch home care industry
- Bird & Bird
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- Netherlands
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- January 23 2009
The Netherlands Competition Authority (NMa) has imposed fines, varying between 611,000 and 4 million Euros, on five home care providers in the Dutch regions of Kennemerland and ‘t Gooi for involvement in cartel activities
SFO’s price fixing prosecution of pharmaceutical companies rejected
- Bird & Bird
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- United Kingdom
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- December 31 2008
A prosecution brought by the Serious Fraud Office (“SFO”) alleging that a number of pharmaceutical companies had conspired to defraud the NHS of £120m by fixing the prices of various drugs has been abandoned after the Court of Appeal refused the SFO permission to appeal
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