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13 December 2012
Issue: 7542 / Categories: Legal News
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Climate change ahead

Tougher regulatory climate for the pharmaceutical industry?

The pharmaceutical industry faces a tougher regulatory climate following the European Court of Justice’s (ECJ’s)decision to uphold AstraZeneca’s €52.5m fine for blocking cheaper rivals to its ulcer drug Losec.

The decision in AstraZeneca v. Commission: C-457/10P last week marked the end of a dispute dating back to the 1990s, when AstraZeneca was first investigated for potentially abusing its position to prevent generics entering the market.

Pharmaceuticals lawyers warned the decision could create extra burdens on innovative players in the industry. Marie Manley, head of Bristows’ pharmaceutical regulatory team, says: “The Commission will be delighted with the ECJ’s endorsement to its approach; innovative pharma less so. The pharmaceutical industry is now subject to a set of onerous but not fully clear obligations. Ensuring compliance will require pharmaceutical companies to build in more checks and balances to their internal procedures.”

Pat Treacy, head of Bristows’ competition team, says: “The effects of this judgment resonate beyond the pharmaceutical sector. Companies which may be dominant now have an obligation to conduct themselves transparently when dealing with the public authorities.”

Issue: 7542 / Categories: Legal News
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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