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Product Communications and Competition Risk in the Life Sciences: Navigating the Boundary Between Legitimate Debate and Disparagement
Communications about third-party therapies play a critical role in life science competition, particularly where companies seek to influence clinical practice and decisions surrounding pricing and reimbursement. However, statements relating to the safety, efficacy or regulatory status of rival products may raise competition concerns where they risk distorting market perceptions.
This session will examine the competition risks associated with product communications in the life science sector, and explore how you can manage the boundaries between legitimate scientific debate and unlawful disparagement when discussing third-party medicines.
- Where do competition authorities draw the line between legitimate scientific debate and unlawful disparagement?
-How might Sanofi's proposed commitments in response to the European Commission's antitrust investigation into Efluelda reshape the competition law boundaries for communications about third-party therapies, and how do they compare with the earlier Vifor commitments?
- What types of product communications are most likely to attract competition scrutiny?
- How should companies manage the legal risk of product comparisons across departments?
- How might product communications about third-party therapies become evidence in competition investigations?
- How does disparagement fit within the broader category of exclusionary conduct in life science competition law?
