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Killer Acquisitions and Other Forms of Anticompetitive Collaborations (Part I):

A Case Study on the Pharmaceutical Industry

Björn Lundqvist

DOI https://doi.org/10.21552/core/2021/3/4

Keywords: pharmaceutical, mergers, antitrust, killer acquisitions

The article aims to address the problem of so-called killer acquisitions broadly, extending also to strategic alliances and other forms of collaborations. We find that ‘killer situations’ can appear in all forms of collaborations that imply a change of control of research results. We therefore conclude in this part I that for the Competition Authority to only focus on killer acquisitions in the form of mergers can be counterproductive. Both mergers and strategic alliances in the pharmaceutical industry would instead benefit from a more intense competition law scrutiny, and in part II we develop what is needed to intensify the competition law scrutiny of accquisitions and collaborations.
Keywords: pharmaceutical, mergers, antitrust, killer acquisitions

Björn Lundqvist, Associate Professor, Faculty of Law, Stockholm University, Leading Researcher at the HSE-Skolkovo Institute of Law and Development. I am very grateful for the input on an earlier version of this paper given by researchers at the HSE-Skolkovo Institute for Law and Development, especially Alexey Ivanov, Olga Gavrilova, Anna Pozdnyakova and Daria Kotova. The opinions stated herein are my own. For correspondence: <mailto:bjorn.lundqvist@juridicum.su.se>.Part II of this research will be published in the next issue of CoRe.


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