At its most basic, marketing often consists of simply explaining a product’s qualities relative to its alternatives. Can this go too far and amount to a competition law infringement? Isabelle de Silva, President of the French Competition Authority (FCA), and Bill Batchelor join John Roberti and Matthew Hall to discuss product denigration by reference to the FCA’s cases in the pharma sector. Listen to this episode to learn more about these cases and how to draw the line between illegal disparagement of rivals and factual communication of differences.
Isabelle de Silva, President, French Competition Authority
Bill Batchelor, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
FCA’s AMD (Avastin) decision September 2020
FCA’s Subutex decision December 2013
FCA’s Plavix decision May 2013
FCA’s Durogesic decision December 2017
John Roberti and Matthew Hall