LK Shields Solicitors

Pharmaceutical manufacturers are fined and may also be liable for damages

Servier and other French pharmaceutical manufacturers have received fines and are potentially open to claims for damages for conspiring to keep generic medicines off the market.

The European Commission has imposed fines totalling €427.7m (£340m) on French pharmaceutical company Servier and five producers of generic medicines for concluding a series of deals all aimed at protecting Servier’s bestselling blood-pressure medicine, perindopril, from price competition by generics in the EU.

Servier was found to have had a strategy of systematically buying out any competitive threats to make sure that they stayed out of the market. The European Commission found that such behaviour was clearly anti-competitive and abusive. Servier’s overall strategy was found to be contrary to article 102 of the Treaty on the Functioning of the European Union (TFEU), while the individual agreements with the generic manufacturers were contrary to article 101 TFEU…

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