Linklaters has advised Sanofi-Aventis on a case in which the French Competition Authority (the Authority) concluded that Sanofi-Aventis’ practice of supplying hospitals with one of its star products for free – Lovenox® (a frequently used antithrombotic) – did not constitute an abuse.
Following an in-depth inquiry spanning several years and an extensive decision dated 14 January 2010, the Authority concluded that there was no evidence of anticompetitive practices (predation), nor the eviction of competitors from the market, and declared the allegations unfounded.
Sanofi-Aventis’ multi-practice internal legal team, led by Xavier Coron, General Counsel France, was assisted by Anne Wachsmann (Partner) and Nicolas Zacharie of Linklaters Paris antitrust/competition team. Economists from LECG (David Sevy) also advised on this case.
When interviewed in the publication Option Droit & Affaires, Xavier Coron remarked: "The lawyers advising us carried out substantial research and explained all the potential issues that could be raised: providing us with an interpretative framework to aid in the preparation of our responses [to competition authority questionnaires]".
