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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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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