- Volume 6 (2022), Issue 2
- Vol. 6 (2022), No. 2
- >
- Pages 173 - 179
- pp. 173 - 179
Aspen: The European Commission’s First Decision on Excessive Pricing in the Pharmaceuticals Sector
Case AT.40394
On 10 February 2021, the Commission entered into a settlement decision with Aspen under Article 9 of Regulation 1/2003. The Commission investigated 'excessive pricing' by the South Africa-headquartered Aspen in six off-patent cancer drugs in the European Economic Area (EEA). These drugs had been off-patent for well over 50 years, and there seemed no rational prima facie justification for their unfairly high prices. This case note offers a critical discussion on the Commission’s case and Aspen’s well-planned strategy to systematically and uniformly increase prices across the Member States.