Excessive pricing: ECJ’s ruling in the Latvia’s case

On September 15, 2017, in case C-177/16, the European Court of Justice (“ECJ”) ruled that comparing prices between EU member states is a valid way to determine whether prices may be abusively excessive and competition regulators have a certain margin of discretion in deciding whether prices are excessive in the absence of a single adequate…

Excessive pricing: the European Commission opens formal investigation into Aspen Pharma’s pricing practices for cancer medicines

On 15 May 2017 the European Commission has opened its first excessive pricing investigation in the pharmaceutical industry to assess whether Aspen Pharma has abused a dominant position by charging excessive pricing for five life-saving cancer medicines. More specifically, the investigation concerns Aspen’s pricing practices for niche medicines used for treating cancer, such as hematologic…