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Healthcare & Life Sciences

12 August 2020
Carmen Verdonck BCA confirms that merger control rules apply to creation of loco-regional hospital networks

Belgium - ALTIUS

The Belgian Competition Authority's (BCA's) latest note reiterates that competition law rules concerning merger control fully apply to the creation of local hospital networks as required under the Act of 28 February 2019. Although hospitals seem largely unaware of the obligations under the merger control rules attached to such forms of cooperation, they should consider that the BCA is paying more attention to the sector and that significant penalties may be incurred for non-compliance.

Authors: Carmen Verdonck, Nina Methens
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Abigail Smith Federal Court strikes price calculation provision of amendments to Patented Medicines Regulations

Canada - Smart & Biggar

The Federal Court recently issued its decision on an application for judicial review of the Regulations Amending the Patented Medicines Regulations (Additional Factors and Information Reporting Requirements). The court ruled that Section 3(4), which would expand price calculation requirements in Section 4(4) of the Patented Medicines Regulations to encompass information beyond the first point of sale, was invalid. This article looks more closely into the court's decision and its implications.

Author: Abigail Smith
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Magdalena Kotyrba Intellectual property in clinical trials

European Union - Eversheds Sutherland (International) LLP

Clinical trial results may qualify for protection as IP rights and, as such, for commercialisation in the European Union. In order for clinical trial results to be commercialised, they must be protected by the parties involved (eg, sponsors, institutions, investigators or contract research organisations). Clinical trial results may also be protected in the European Union using supplementary protection certificates, regulatory data exclusivity, orphan market exclusivity or paediatric-use marketing authorisation.

Authors: Magdalena Kotyrba, Tobias Maier
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Africa - ENSafrica

Author: André Maré
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USA - Baker McKenzie

Authors: Khelin N Aiken, Martine Gaetan
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Mexico - Sanchez DeVanny Eseverri SC

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South Africa - ENSafrica

Author: Joanne van Harmelen
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United Kingdom - Pinsent Masons

Authors: Nicole Jadeja, Sarah Taylor, Anna Harley
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Austria - Preslmayr Attorneys at Law

Author: Rainer Herzig
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Germany - Simmons & Simmons LLP

Authors: Caroline von Nussbaum, Fabian Huber