Pharmaceutical Antitrust – An Analysis of US and EU Law

May 14, 2024

Mélanie Thill-Tayara and George G. Gordon (eds.)

Forewords by Alden Abott (George Mason University) and
Ian S. Forrester KC (ex-General Court of the European Union)

In an era of unprecedented innovation in life sciences, where breakthroughs in pharmaceuticals, biotechnology, and healthcare are shaping global health and economies, “Pharmaceutical Antitrust: An Analysis of US and EU Law” is an indispensable guide.

Edited by Mélanie Thill-Tayara and George G. Gordon, esteemed experts in antitrust law, this book offers a comprehensive examination of how competition laws are applied in the life sciences sector in the United States and the European Union.

The book provides in-depth analysis of and practical insights regarding the effect of the complex interplay of IP, regulatory frameworks, and competition principles on issues related to marketing authorizations, exclusivities, patent acquisition and enforcement, mergers and acquisitions, collaboration agreements, pricing strategies, and distribution arrangements.

Each chapter provides invaluable insights into the intricacies of antitrust, international cooperation among antitrust authorities, and the analysis of market dynamics within the pharmaceutical arena. This book is an indispensable companion for legal professionals, academics, regulators, and executives operating in the complex world of pharmaceuticals and antitrust law.

It is tailored for both non-antitrust specialists in the life sciences sector who are seeking to understand the competition law issues facing the industry, and for antitrust specialists who represent life sciences clients on these issues.

Read the forewords and Table of Contents, or watch the videos below to hear insights from our authors on several of the publication’s chapters.

Read the Forewords and Table of Contents

Request a Copy of the Book

Interview Series

Video 1

Introduction / General Overview and Key Insights

In this video, Dechert antitrust partners Mélanie Thill-Tayara, George Gordon, Laurence Bary and Rani Habash speak with Concurrences' Nicolas Charbit on how competition laws are applied in the life sciences sector across the United States and the European Union.

Video 2

Concerted Conduct "Cooperation"

In this video, Shari Lahlou, Laurence Bary and Melanie Thill-Tayara discuss the collaboration between competitors addressed in the U.S. and EU, looking at Article 101 TFEU and other topics covered in the chapter "Concerted Conduct" within their book “Pharmaceutical Antitrust: An Analysis of U.S. and EU Law.”

Video 3

Concerted Conduct "Pay for Delay"

In this video, Shari Lahlou, Laurence Bary and George Gordon discuss rising antitrust concerns in the U.S. and EU and notable court cases involving pay-for-delay related offenses, as well as the consequences of these types of agreements on consumer pricing and drug availability.

Video 4

Unilateral Conduct

In this video, Gregory Luib, Marion Provost and Mélanie Thill-Tayara explore various types of infringement in both the U.S. and EU, the question of exploitative abuse as well as notable court cases involving monopoly or dominance-related offenses.

Video 5

Private Enforcement

In this video, Steve Bizar, Marion Provost and George Gordon delve into the evolving dynamics of private enforcement in both the U.S. and EU, highlighting key procedural challenges and the role of private plaintiffs in the pharmaceutical sector. They also discuss significant cases and the future trajectory of private enforcement.

Video 6

Mergers & Acquisitions

In this video, Rani Habash, Alec Burnside and George Gordon explore the increasingly intrusive nature of merger control in the pharmaceutical and healthcare sectors, both in terms of jurisdiction and substance. They comment on how the EU Court recently overturned the approach to killer acquisitions in the Illumina-Grail case.

This book is exactly the tool that was missing for competition lawyers trying to get a better, more focused understanding on how competition rules apply in the pharma sector, its specificities as well as differences between the EU and US. Highly practical, it is easy to navigate. A must have for anyone interested in the topic! Angélique de Brousse, Head of Antitrust, Johnson & Johnson, Brussels

The co-edited book by Thill-Tayara and Gordon is the text that was so far unavailable, but essential for every practitioner in pharmaceutical antitrust. It provides a comprehensive overview of all the topics related to this significant field. Each author clearly presents a unique comparative framework of life-science issues related to competition. The results of this US-EU all-encompassing analysis offer both an overview of the path already traced by the Competition Agencies and insight into prospective issues that could arise in the future, considering the (sometimes) differing approaches of the US and EU. Elisabetta M. Lanza, Italian Competition Authority, Rome

This is an important volume that covers a complex and important area of law in both the US and EU. The coverage of patents, regulation, the legal framework for liability and remedies, and enforcement will be of interest to lawyers and academics alike. Michael A. Carrier, Rutgers University, New Brunswick

The life sciences sector is closely related to people’s life and health, so that it should be under very strict governmental regulation in every country. The book titled Pharmaceutical Antitrust has made a very detailed analysis of US and EU legal systems in this sector, and in addition to the patent system, it comprehensively discusses on antitrust regulation, including abusive conducts, M&A control and concerted behaviors. For my special interest, this book also talks on market definition and RPM in the context of the pharmaceutical sector. In addition to the public enforcement, it discusses also on private enforcement. In recent years, due to the higher and higher pricing, the pharmaceutical sector has become a spotlight of China’s antimonopoly enforcement. I am pleased to be the first reader of the book as Chinese Scholar, and would like to introduce it to my colleagues and Chinese anti-monopoly law enforcers. Xiaoye Wang, China Competition Bulletin, Beijing

Whether you are a practicing attorney who needs to navigate the myriad of differing institutions, procedures, and rules in the US and EU when dealing with cases in the pharmaceutical sector, or an academic who teaches competition law, this book is an invaluable resource. The authors do not assume that the reader has good prior knowledge and so they take a step by step, measured approach to explain the specific provisions prohibiting anticompetitive conducts in the two jurisdictions, and judicial interpretations of those provisions, supported by rich references to cases, before addressing the issues in the pharmaceutical sector. They explain the uniqueness and complexity of investigating this sector, and what is determined to be anticompetitive, well supported by case examples. I would definitely recommend owning this book as a working guide and reference resource. Taimoon Stewart, University of the West Indies, Trinidad & Tobago