EU fines Teva Pharmaceutical for unfair competition

Giuseppe de vita
Credit: Chris Ratcliffe/Bloomberg

Brussels (Brussels Morning Newspaper) – Teva Pharmaceutical Industries Ltd. has been fined almost €463 million by the EU Commission for preventing fair competition by unfairly belittling a rival maker of a multiple sclerosis drug.

Teva is a global pharmaceutical firm operating through several subsidiaries in the European Economic Area. Its blockbuster medicine, Copaxone, is widely utilised for the treatment of multiple sclerosis and includes the active pharmaceutical ingredient glatiramer acetate.

how did Teva allegedly delay the Copaxone competition?

The European Commission has fined Teva €462.6 million for manipulating its dominant position to delay competition to its blockbuster medicine for the treatment of multiple sclerosis, Copaxone. The EU Commission uncovered that Teva artificially extended the patent protection of Copaxone and systematically spread deceptive information about a competing product to delay its market entry and uptake.

In her remarks, Executive Vice-President Margrethe Vestager, in charge of competition policy, stated: “Today’s decision to impose an antitrust fine on Teva for disparagement and misuse of the patent system reaffirms the Commission’s commitment to competition enforcement in the pharmaceutical sector. With today’s decision, the Commission contributes to keeping drugs affordable, preserving choice of treatment and fostering innovation, to the benefit of EU patients and national healthcare systems.”

What role did Teva’s misinformation play in the case?

The Commission’s investigation figured that Teva abused its dominant function in the markets for glatiramer acetate in Belgium, Czechia, Germany, Italy, the Netherlands, Poland and Spain. Teva’s abusive behaviour had the overall purpose of delaying competition and artificially prolonging the exclusivity of Copaxone by restricting the market entry and uptake of competing cheaper glatiramer acetate medicines. The company targeted doctors and organizations engaged in drug pricing and refund to slow down or block its competitor’s entry.

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Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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