Hot topics at the crossroads between antitrust and IP in the pharma sector

About the conference

The conference explored some of the topics touched upon the recent book:
Competition and Patent Law in the Pharmaceutical Sector
published by Kluwer International and edited by Gabriela Muscolo and Giovanni Pitruzzella .

The apparent contradiction between intellectual property (IP) rights (particularly patents) and competition is often noted: in ostensibly aiming to promote innovation and long-term competition, the patent system in fact provides a temporary right to exclude. Is it possible to adjust patent policies to better account for the trade-off between static and dynamic welfare, and minimize the risks of anticompetitive behaviour implemented through the misuse of patents? With a focus on the pharmaceutical sector, this book, the first to deal with this issue on a global basis, tackles the clashes of case law by Courts and antitrust enforcement by competition authorities that undermine the predictability of solutions to this problem and increase the risk of fundamental rights violations and excessive transitional costs for enterprises.

Among the topics covered by the conference were the following issues:

• reverse payment settlements;
• abusive litigation;
• pricing abuses

Schedule:
9.15  Registration and Welcome coffee

9.45  Welcome and Introduction
Sir Peter Roth – Competition Appeal Tribunal

10.00 – 11.00 First Panel
Pay for delay
Chair: Sir Peter Roth (Competition Appeal Tribunal)
Presentation: Renato Nazzini (King’s College London)
Commentators: Assimakis Komninos (White & Case and UCL) & Valérie Meunier (Compass Lexecon)
Discussion

11.00 – 12.00 Second Panel
Abuse of litigation
Chair: Andrea Biondi (King’s College London)
Presentation: Ioannis Lianos (UCL)
Commentators: Chris Stothers (Arnold & Porter LLP) & Chief Judge Marina Tavassi (IP Division, Court of Milan)
Discussion

12.00 – 13.00 Third Panel
Pricing abuses
Chair: Prof. Sir Robin Jacob (UCL)
Presentation: David W. Hull (Van Bael  & Bellis)
Commentators: Robert O’Donoghue (Brick Court Chambers) & Peter Davis (Cornerstone Research & UCL Laws)
Discussion

13.00 – 13.30 Conclusion and Editors’ thanks
Prof. Sir Robin Jacob (UCL)
Giovanni Pitruzzella – ICA’s Chairman
Gabriella Muscolo – ICA’s Commissioner

13.30 – 14.30
Lunch/Buffet

Accreditation:
3.5 CPD hours.

Presentations

Pay for delay
Presentation: Renato Nazzini (King’s College London)
Download Slides (PDF)

Abuse of litigation
Presentation: Ioannis Lianos (UCL)
Download Slides (PDF)

Pricing abuses
Presentation: David W. Hull (Van Bael  & Bellis)
Download Slides (PDF)