The European Commission has imposed a fine of 462.6 million to the pharmaceutical company Teva for hindering competition in the multiple sclerosis market. Specifically, it has artificially lengthened the patent on its drug Copaxone and has spread misleading information about a rival product.
According to a statement from Brussels, the Israeli’s objective was hinder the market entry and acceptance of a similar competing medicine. The abuse of its dominant position occurred in Belgium, the Czech Republic, Germany, Italy, the Netherlands, Poland and Spain.
Teva had the patent for glatiramer acetate (the active ingredient) until 2015. The European Commission points out that when the patent was about to expire, the company misused the rules and procedures of the European Patent Office (EPO) on divisional patents. He filed multiple divisional patent applications in a staggered manner.
“Rivals challenged these patents to open their way to the market. Pending the EPO review, Teva began to assert these patents against competitors to obtain provisional injunctive measures,” the Executive indicated. “When it seemed likely that the patents would be revoked, the pharmaceutical company strategically withdrew them,” he added. This forced competing companies to repeatedly start new procedures.
On the other hand, the laboratory launched a “systematic smear campaign” against a competing drug with glatiramer acetate for the treatment of multiple sclerosis, disseminating misleading information about its safety, efficacy and therapeutic equivalence with Copaxone. It should be noted that the rival product had already received approval from the relevant health authorities.
Teva’s performance lasted between four and nine years depending on the Member State and “could have prevented list prices from fallingwith a negative impact on public health budgets,” Brussels stated.
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