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Blanco Thomas, Soledad; Luchianov, Lilia; Weck, Thomas --- "ARTICLE 101 TFEU: HORIZONTAL COOPERATION AGREEMENTS IN THE PHARMACEUTICAL SECTOR" [2019] ELECD 1269; in Figueroa, Pablo; Guerrero, Alejandro (eds), "EU Law of Competition and Trade in the Pharmaceutical Sector" (Edward Elgar Publishing, 2019) 109

Book Title: EU Law of Competition and Trade in the Pharmaceutical Sector

Editor(s): Figueroa, Pablo; Guerrero, Alejandro

Publisher: Edward Elgar Publishing

Section: Chapter 3

Section Title: ARTICLE 101 TFEU: HORIZONTAL COOPERATION AGREEMENTS IN THE PHARMACEUTICAL SECTOR

Author(s): Blanco Thomas, Soledad; Luchianov, Lilia; Weck, Thomas

Number of pages: 66

Abstract/Description:

The enforcement of competition rules is particularly strict for horizontal cooperation and can lead to the imposition of significant fines. Potential infringements of competition law by pharmaceutical companies are the object of close scrutiny by the EU competition authority. This chapter provides an overview of the legal framework for the assessment of horizontal cooperation, which sets the basis to review the different agreements between pharmaceutical companies that have been or could be the object of antitrust scrutiny under Article 101 TFEU. These agreements include inter alia patent settlement, market sharing, co-promotion and co-marketing agreements. It also addresses key concepts for the assessment of these agreements such as value transfer, exclusivity rights, potential competition or the interplay between originator and generic companies and between biological and biosimilar medicines; therefore enabling practitioners to assess horizontal cooperation among pharmaceutical companies.