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Aspen: The European Commission’s First Decision on Excessive Pricing in the Pharmaceuticals Sector

Kalpana Tyagi


Keywords: Aspen, excessive pricing, pharmaceuticals, commitments, Article 9, Regulation 1/2003

Case AT.40394 Aspen, Commission Decision of 10 February 2021
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.

Kalpana Tyagi, Assistant Professor, Department of International and European Law, Faculty of Law, University of Maastricht, Netherlands; Managing Coordinator TILC, The Innovator's Legal Aid Clinic. For correspondence: <>.


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