Astrazeneca V the Walker Process—A Real EU–US Divergence or Just an Attempt to Compare Apples to Oranges?

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Series Details Volume 7, Number 3, Pages 505-526
Publication Date September 2011
ISSN 1744-1056
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"The General Court’s (GC) judgment in AstraZeneca was the first opportunity for the European Courts to address the issue of misuse of procedural rules and the potential anti-competitive harm of such misuse in the context of intellectual property rights in the highly regulated pharmaceutical sector."
"For the purposes of this analysis, section B will give a detailed explanation of the Walker Process Doctrine and its necessary requirements, before section C highlights the findings of the GC’s judgment. Having set the scene, section D will show that the US doctrine and the Court’s judgment are incomparable. Section E will then identify the FTC’s public antitrust enforcement policy as the appropriate policy for comparison followed by a detailed examination of the prerequisites for the launch of an antitrust investigation into the type of conduct concerned in AstraZeneca. Finally, this section concludes with an application of the facts of
AstraZeneca to the prerequisites for an FTC investigation, leading to the conclusion of this article in section F."
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