Dominance in the pharmaceutical sector: An overview of EU and national case law

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In a communication of November 2020, the European Commission (the “Commission”) presented its ‘new Pharmaceutical Strategy for Europe’, the main objective of which is to achieve a strong, fair, competitive, and green pharmaceutical industry, centered on patients’ needs. The Commission’s ambition is to remove existing barriers that prevent patients’ access to innovative and affordable medicines, while facilitating the digital transformation of the industry. In this context, the enforcement of competition rules certainly remains an important instrument for the Commission to achieve its goals and we expect the sector to remain a key priority throughout the European Union (“EU”). Just in the past year, several important decisions have been adopted and multiple investigations opened, both in antitrust and merger control.