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#96 Can They Really Say That? Product Denigration Under French Antitrust Law

https://ourcuriousamalgam.com/episode-player/1486/96-can-they-really-say-that-product-denigration-under-french-antitrust-law.mp3?stats-code=ocaPodcastSite

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

Isabelle de Silva, President, French Competition Authority
Bill Batchelor, Partner, Skadden, Arps, Slate, Meagher & Flom LLP

Related Links:

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

Hosted by:

John Roberti and Matthew Hall


Posted On January 11, 2021

Posted By Our Curious Amalgam

Posted In Europe FOREIGN JURISDICTIONS

Tagged abuse of dominance Article 101 Article 102 French Competition Authority French competition law pharmaceutical product denigration

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Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

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