On July 22, 2024, the European Commission (EC) accepted
commitments proposed by Vifor Pharmaceuticals to address
disparagement concerns under Article 102 TFEU. This is the EC's
first pure disparagement case and its second investigation into
disparagement practices in the pharmaceutical industry. The only
other ongoing investigation into disparagement, concerning Teva
Pharmaceuticals, is still underway, though its conclusion is much
anticipated given that it will address the alleged misuse of
divisional patents and disparagement of competitors in order to
safeguard its multiple sclerosis treatment, Copaxone.*
In Depth
Procedural Background
Disparagement, or, disseminating negative and often misleading
information about a competitor's products to discourage its
use, is an important topic in light of the on-going debate in the
Directorate-General for Competition (DG COMP) about the evolution
of Article 102 of the TFEU. The EC published draft guidelines
