Healthcare & Life Sciences, ALTIUS updates

Belgium

Contributed by ALTIUS
Can parallel importers rebrand generic medicines?
  • Belgium
  • 04 November 2020

If a branded medicine and its generic version are put on the EEA market by economically linked undertakings, is a parallel importer then allowed to rebrand and repackage the imported generic version as the branded reference medicine? This issue recently led the Brussels Court of Appeal to refer three questions to the European Court of Justice (ECJ). In anticipation of the ECJ's ruling, this article provides the factual background and explains why a parallel importer should not be allowed to rebrand in such cases.

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

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.

Parliament adopts act increasing transparency of managed entry agreements
  • Belgium
  • 06 May 2020

Parliament recently adopted a new act to increase the transparency of managed entry agreements (MEAs) concluded between pharmaceutical companies and the National Institute for Health and Disability Insurance. MEAs stipulate confidential compensation mechanisms for the government regarding the publicly listed price and reimbursement basis of the medicines concerned.

Federal government restricts sale of PPE and medical devices for fighting COVID-19
  • Belgium
  • 29 April 2020

The minister of economic affairs recently adopted a ministerial decree which restricts the retail and wholesale distribution of certain types of personal protective equipment and medical devices used for treating COVID-19 patients. Further amendments were implemented by ministerial decrees on 27 March 2020 and 7 April 2020. This article provides a short description of the relevant trade restrictions followed by a legal analysis in light of fundamental principles of EU law.

Medical supplies: public procurement procedures in cases of extreme urgency
  • Belgium
  • 29 April 2020

The COVID-19 outbreak has created an urgent need for certain goods, including medicines and medical devices. However, do public authorities (eg, hospitals) still need to follow the complete public procurement procedures to procure these urgently needed goods? In cases of extreme urgency, such as that presented by the COVID-19 pandemic, contracting authorities can use the negotiated procedure without publication to place tenders.


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