Commission to reveal anti-competitive probe findings
pharmafile | November 27, 2008 | News story | Sales and Marketing | EU, reg
The European pharmaceutical industry could shortly face a major inquiry into its practices, with the European Commission ready to reveal findings from an investigation launched in January.
Competition Commissioner Neelie Kroes will on Friday unveil the findings of the probe launched into suspected anti-competitive behaviour, and could single out companies for further investigation.
The Commission has also confirmed a new wave of unannounced raids this week over fresh and separate concerns of anti-competitive behaviour.
The Commission says the two inquiries are separate, but also suggests that information from the first has triggered the second, and allowed it to draw conclusions on where Commission action based on competition law could be appropriate and effective.
The investigations could result in major fines being imposed on any company breaking competition laws or exploiting loopholes in laws governing generic and branded medicines in Europe.
Sector under scrutiny
In January 2008 GlaxoSmithKline, Pfizer, AstraZeneca and Sanofi-Aventis were all raided at dawn by European Commission investigators looking for evidence to back up suspicion that generic launches are being deliberately delayed.
At the time the Commission said the raids were not based on any specific information, but carried out as a comprehensive investigation into manufacturers of branded and generic medicines.
The inquiry was to look at whether agreements between pharmaceutical companies, such as settlements in patent disputes, may infringe EU laws on restrictive business practices.
An initial report of the findings will be released on Friday and followed by the final conclusions in early 2009.
Fresh concerns
But this week more raids have been carried out on companies ahead of the report's release, after Brussels said it has reason to suspect a breach of the treaty that prohibits restrictive business practices and/or the abuse of a dominant market position.
Teva is one company that has reportedly been raided, though the Commission says such inspections do not mean the companies concerned are guilty of anti-competitive behaviour, and it will not prejudge the outcome of the investigation.
More companies may be bracing themselves, as the Commission has put no time frame for completing investigations of anti-competitive practices or said how many companies it might visit.
For both inquiries Commission officials have been were accompanied by their counterparts from the relevant national competition authorities.
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