The European Commission announced yesterday that it has opened a formal antitrust investigation into Danish drugmaker H Lundbeck.
The Commission says it will investigate, “as a matter of priority,” potential breaches by the company of European Union (EU) rules on restrictive business practices and abuse of a dominant market position. In particular, it intends to probe “unilateral behaviour and agreements” by Lundbeck related to delays in entry of generic versions of its antidepressant Celexa/Cipramil (citalopram) into European Economic Area (EEA) markets. Lundbeck’s patent on the drug, a selective serotonin reuptake inhibitor (SSRI), expired in 2003.
The proceedings have been opened based on knowledge acquired by the Commission during its inquiry into the pharmaceutical sector - which specifically examined the ways originator firms obstruct the entry of generic drugs on to the market - and allowed it to “draw conclusions” as to whether action by the Commission based on competition law could be appropriate and effective, it says. There is no deadline for completion of the proceedings against Lundbeck, and they are separate from the sector inquiry, it adds.
EU investigators first raided Lundbeck’s premises - in Denmark, Italy and Hungary - in 2005 and, at that time, the firm said the visit was probably related to citalopram. Last month, its office in Milan received another visit from the Commission - the fourth in a round of surprise inspections carried out since the EU sector inquiry began in January 2008 – and the firm said again that the purpose had been to identify whether it had misused a dominant position or been involved in anticompetitive activities in the Italian market for antidepressants.
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