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ARTICLE · 06 DECEMBER 2010

Commission Confirms Unannounced Inspections in Pharmaceutical Sector

SJ Berwin LLP
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The European Commission (the "Commission") has confirmed that, on 30 November 2010, officials carried out unannounced inspections at the premises of certain firms active in the pharmaceutical sector in several Member States.

European UnionAntitrust/Competition Law
SJ Berwin'S EU & Competition Team
SJ Berwin'S EU & Competition Team

The European Commission (the "Commission") has confirmed that, on 30 November 2010, officials carried out unannounced inspections at the premises of certain firms active in the pharmaceutical sector in several Member States.  The Commission officials were accompanied by their counterparts from the relevant national competition authorities.

The Commission states that it has reason to believe that the companies concerned may have acted individually or jointly, to delay generic entry for a particular medicine.  If confirmed, this could be a potential violation of EU antitrust rules that prohibit restrictive business practices and/or the abuse of a dominant market position (under Articles 101 and 102 TFEU).

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