In the past the European Commission has taken a strong stance against restrictions imposed by pharmaceutical companies on wholesalers and distributors of medicines, preventing them from parallel importing the contract products within the European Union ("EU").
Such restrictions have been viewed, typically, by the European Commission as infringements of the principle of free circulation of products within the internal market as enshrined in the EC Treaty and as breaches of the antitrust rules of the EC Treaty. A more recent wave of case law of the European Courts (European Court of Justice -ECJ- and European Court of First Instance-CFI-), European Commission decisions and rulings of the courts of the EU Member States, appears to point out at what might be a more lenient approach by the Commission and European Courts towards this type of restrictions.
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Hector Armengod is an associate attorney at the offices of the law firm Hogan and Hartson L.L.P. in Brussels, Belgium. Hector’s practice focuses on EU and Spanish competition law, as well as regulatory issues in the life sciences sector. He has experience in EU and Spanish merger control, and advises clients in various major filings before the European Commission and the Spanish Competition Authorities. Hector also counsels clients on compliance with regulatory requirements for pharmaceuticals, medical devices, and food products in the European Union and in Spain; EU and Spanish requirements for conduct of clinical trials, healthcare surveys, and related ethics provisions; and EU and Spanish advertising and unfair competition laws.
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