Recent developments in pharmaceuticals disparagement cases – broader takeaways for the interactions with regulators and public authorities from a competition law perspective

In a string of cases over the last few years, the French competition authority has paved the way in Europe for cracking down on disparagement practices using antitrust tools. The trend has now spread at EU level with recent Commission investigations against pharmaceutical companies suspected of restricting competition by disparaging their competitors. At the same time, the Paris Court of Appeal has put a spectacular halt on this course, drawing a line between such practices and the freedom of speech that companies can avail of when interacting with public authorities and regulators on topics of public interest. Panelists will discuss what these new signals mean for companies in general, when engaging with regulators and public authorities.