Foreign Direct Investment & Foreign Subsidies Regulation: How do they Apply in the Pharma Sector?

Foreign Direct Investment & Foreign Subsidies Regulation: How do they Apply in the Pharma Sector?

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George Peretz KCGeorge Peretz KCBarrister at Monckton Chambers & Law Library of Ireland

George Peretz KC BL practises from Monckton Chambers in London, and is a member of the Law Library, Dublin. He has a wide competition, regulatory, indirect tax and public law practice before the English and Welsh and EU courts, with a particular specialism in subsidy control and State aid: recent cases include Credit Suisse v HMRC [2019] EWHC (Ch) 1922 (whether bankers bonus tax involved State aid) and R(British Gas Trading) v Secretary of State for Energy Security and Net Zero [2023] EWHC (Admin) 737 (whether UK government subsidies relating to the sale of Bulb Energy breached the subsidy control rules in the Trade and Cooperation Agreement).

Anne Wachsmann Anne Wachsmann Partner at Linklaters

Anne Wachsmann leads the Antitrust & Foreign Investment practice of Linklaters in Paris. She is a key player in her field, with particular expertise in all aspects of competition law: abuse of dominant position, cartels, vertical restraints, merger control, from the investigation stage to first instance and appeal hearings before domestic and EU jurisdictions.

In 2021, she was named in the prestigious Global Competition Review (GCR) Women in Antitrust list. She is ranked individually in Band 1 in Chambers, which states in 2022 that « Anne is a favorite choice of counsel amongst multinational and local corporates for vertical agreements, merger control and anticompetitive practices. One client praises her for being “dared, inventive, agile, determined, rigorous and focused” ». She was listed in 2021 in the very selective list as one of Forbes’ “Top 40 des avocats du CAC40”. She is listed by Legal 500 as one of the leading individuals in France for competition matters. She is one of the Thought Leaders in France in Who's Who Legal. She has been twice elected European Competition Lawyer of the Year at the Euromoney Women in Business Law Awards, in 2014 and 2018.

Anne’s clients span a broad range of industry sectors, notably the pharmaceutical one. She has worked recently in the field of biosimilars and consumer healthcare pharma products. She assisted Sanofi on the Plavix case of 2013 before the French Competition Authority (FCA) and before the European Court of Justice in the preliminary ruling in 2016, opposing Genentech to Sanofi. She advised Sanofi Pasteur on the dissolution of its 50/50 JV with Merck in 2016.

Beyond client work, Anne has contributed since 2005 to the prestigious competition review Concurrences as co-writer of the quarterly column on abuse of dominant position. She is a non-governmental advisor (NGA) in the framework of the ICN (International Competition Network) for the FCA.

Thanks to her expertise and reputation on the market, Anne is also a Professor at the College of Europe in Bruges (her former school) where she teaches a 25-hour seminar on EU merger control since 2016.

Anne chairs the Linklaters Foundation which focuses on two main areas: inclusive education and cultural patronage. She is also president of a contemporary art centre in Strasbourg, the CEAAC.

Niels van NulandNiels van NulandGlobal Competition Law Counsel at Gilead

Niels is Senior Director in the Global Competition Law team at Gilead Sciences, Inc. He supports various teams with Antitrust and Competition Law issues, including merger control, review of pricing and commercial strategies, life cycle strategies and supply and distribution agreements.

Prior to joining Gilead, Niels worked at a leading Dutch law firm (based in Brussels, Belgium) and counseled clients on European, Dutch and Belgian Competition Law (Cartel, Abuse, State Aid), European and Dutch Public Procurement Law and European Internal Market Law. He also has experience in commercial and administrative litigation and investigations. Niels graduated in 2005 as Master of Laws from Universiteit Leiden (Netherlands – Dutch Civil and Company Law) and he graduated with honors in 2014 as Master of Laws from Vrije Universiteit Brussel (Belgium – Belgian Law).

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Description

How do FDI rules apply to the pharma sector across Europe Foreign subsidies regulation: what are the obligations? FSR implications for public procurement

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