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Pharma Cases Show How Brexit Could Hit Alignment Of UK & EU Competition Law

 
• By Ian Schofield

Brexit could result in a gradual divergence of competition law decisions in the UK and the EU, according to one law firm, which already detects evidence of this in recent competition cases. 

Diversion barrier
UK and EU competition law could diverge post-Brexit

Of the myriad implications of the UK’s departure from the EU in March 2019, the impact on competition law has made less of a splash than many higher-profile areas like trade, regulation and scientific collaboration. But as both the UK and the EU step up their anti-competition activities in the pharmaceutical area, two major cases under investigation give an inkling into how UK and EU competition laws might diverge post-Brexit – and indeed how they might already be doing so.

The two cases in question are the “pay-for-delay” deals on paroxetine agreed by GlaxoSmithKline and a number of generics...

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