Moullet, Pierre --- "THE COMPETITIVE ASSESSMENT OF IP LICENSING AGREEMENTS IN THE PHARMACEUTICAL SECTOR" [2019] ELECD 1270; in Figueroa, Pablo; Guerrero, Alejandro (eds), "EU Law of Competition and Trade in the Pharmaceutical Sector" (Edward Elgar Publishing, 2019) 175

Book Title: EU Law of Competition and Trade in the Pharmaceutical Sector

Editor(s): Figueroa, Pablo; Guerrero, Alejandro

Publisher: Edward Elgar Publishing

Section: Chapter 4

Section Title: THE COMPETITIVE ASSESSMENT OF IP LICENSING AGREEMENTS IN THE PHARMACEUTICAL SECTOR

Author(s): Moullet, Pierre

Number of pages: 44

Abstract/Description:

Despite the adoption of a revised block exemption regulation on technology transfer agreements together with a new set of technology transfer enforcement guidelines in March 2014, the Commission has shown little enforcement concern with the variety of licensing cooperation agreements in the pharmaceutical sector, and has mostly focused its efforts on “pay-for-delay” settlement agreements. This Chapter analyzes the challenges for competition enforcement in the sphere of pharmaceutical IP, and provides guidance on the application of Article 101 TFUE to pharmaceutical licensing agreements.