In Case M.7872 – Novartis/GlaxoSmithKline (ofatumumab autoimmune indications), the European Commission claimed jurisdiction under the merger control rules over a transaction by virtue of which a yet to be fully developed biological drug was transferred to a purchaser. In applying the relevant jurisdictional test, the Commission made a series of observations which have far-reaching implications.
This article has been published in Competition Law Insight, 20 September 2016.
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