Parallel trade of medicinal products in the EU - Latest case law and Commission decisions


Instructors: Jose Mora, Hector Armengod
Product ID: 700198
Training Level: Advanced

  • Duration: 60 Min
This Medical device training will talk about recent developments in the European Commission’s approach towards the parallel distribution of medicines. In the past the European Commission has taken a strong stance against restrictions imposed by pharmaceutical companies on wholesalers and distributors of medicines, preventing them from parallel importing the contract products within the European Union ("EU").
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Such restrictions have been viewed, typically, by the European Commission as infringements of the principle of free circulation of products within the internal market as enshrined in the EC Treaty and as breaches of the antitrust rules of the EC Treaty. A more recent wave of case law of the European Courts (European Court of Justice -ECJ- and European Court of First Instance-CFI-), European Commission decisions and rulings of the courts of the EU Member States, appears to point out at what might be a more lenient approach by the Commission and European Courts towards this type of restrictions.

Areas Covered in the Seminar:

  • Concept of parallel imports
  • Provisions of the EC Treaty governing parallel imports
  • Commission decisions against parallel imports
  • Advocate General Jacobs opinion in Syfait and others v Glaxosmithkline (Case C-53/03, 28 October 2004),
  • Decision of the French Competition Counsel rejecting complaints from parallel importers
  • What next?

Who Will Benefit:

  • Legal counsel of pharmaceutical companies
  • Sales personnel of pharmaceutical companies involved in the drafting of distribution and supply contracts
  • Compliance managers of pharmaceutical companies.
  • Wholesalers and distributors of medicinal products.

Instructor Profile:

Hector Armengod is an associate attorney at the offices of the law firm Hogan and Hartson L.L.P. in Brussels, Belgium. Hector’s practice focuses on EU and Spanish competition law, as well as regulatory issues in the life sciences sector. He has experience in EU and Spanish merger control, and advises clients in various major filings before the European Commission and the Spanish Competition Authorities. Hector also counsels clients on compliance with regulatory requirements for pharmaceuticals, medical devices, and food products in the European Union and in Spain; EU and Spanish requirements for conduct of clinical trials, healthcare surveys, and related ethics provisions; and EU and Spanish advertising and unfair competition laws.

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