Competition before competition: Beyond prices & market share

Competition enforcement in the pharmaceutical and life sciences sector is often described through familiar doctrinal categories: disparagement, pay-for-delay, ecosystem foreclosure, killer acquisitions or follow-on damages.

However, European and UK competition authorities are reshaping how they scrutinise the life sciences sector. From scientific communications and diagnostics to interoperability, IP strategies and below-threshold acquisitions, novel enforcement theories are emerging alongside a surge in private litigation that can dramatically extend liability risk.

This article unpacks five key developments

1. Competition through information;

2. Competition through access;

3. Competition through timing;

4. Competition through market structure; and

5. Liability exposure to help life sciences businesses understand where the real competition risks now lie.