This survey article discusses the major EU competition law developments in the pharmaceutical sector from 1 July 2009 to 30 June 2010. The most significant development during this period was the Commission’s publication of its Final Report on the Pharmaceutical Sector Inquiry. The key features of the Final Report and its implications for pharmaceutical companies going forward are discussed in some detail below. The other significant development was the General Court’s much-anticipated judgment in the GSK Spanish dual pricing case, which is also discussed at length below. The Spanish competition authority’s decisions dealing with a similar issue are also noteworthy and are discussed briefly. Finally, the Commission’s merger decisions in Pfizer/Wyeth and Merck/Schering Plough provide a good sense of its approach to mergers in this sector.
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