Case
European Commission Investigation of CSL Vifor / Pharmacosmos UK Ltd. v. CSL Vifor Pharma Ltd; Pharmacosmos A/S, et al. v. Vifor Pharma Nederland B.V., et al.
Analysis Group was retained on behalf of the global pharmaceutical company CSL Vifor in a European Commission (EC) investigation. CSL Vifor was alleged to have restricted competition by illegally disparaging a competitor, Pharmacosmos, which manufactures Monofer, an intravenous iron treatment that competes with CSL Vifor's Ferinject. The EC opened an investigation under Article 102 to determine whether CSL Vifor used its dominant position in the market to harm its competitor’s uptake in the European Economic Area.
An Analysis Group team led by Managing Principal Joshua White provided economic support during the investigation, including analyzing relevant market definition, determinants of competition, and commercial success. As part of the resolution of the investigation, CSL Vifor proposed several commitments to address the Commission’s preliminary concerns and entered into a commercial settlement with Pharmacosmos. CSL Vifor’s proposed commitments were accepted by the EC.
Associated People
Joshua White
Managing PrincipalMr White is a consulting and testifying economist who specialises in applying microeconomics and sophisticated econometric modelling to complex litigation and merger-related questions, primarily in matters involving the health care, financial services and technology industries. He has supported clients in various jurisdictions and industries in follow-on competition damages litigation, assessing overcharge, upstream and downstream pass-on and volume effects. He has served as a testifying expert in the UK Upper Tribunal (Lands Chamber), the UK Competition Appeal Tribunal and the Amsterdam District Court on competition cases.
Mr White has supported high-profile companies with complex merger reviews across multiple jurisdictions, including in the Veolia/Suez, LVMH/Tiffany, Sika/MBCC and Eutelsat/OneWeb mergers. He has also provided evidence to the UK’s Competition and Markets Authority (CMA) and the European Commission (EC), including on behalf of clients involved in cartel investigations, abuse of dominance investigations and mergers. Mr White has also provided support to European financial and competition regulators in coordinated conduct investigations.
Mr White has extensive experience addressing competition and intellectual property (IP) issues in matters related to cutting-edge pharmaceutical products and FRAND licensing questions. As part of this work, he has supported a number of scientific and technical experts in front of courts and regulatory bodies. He also regularly supports pharmaceutical clients on competition issues around market access, pricing, denigration and competition from generic manufacturers.
Mr White has worked in a number of jurisdictions, including the UK, the European Union, Switzerland, Australia, New Zealand, South Africa, Canada, Japan, Korea, the Netherlands, Belgium and the US. His writing has been published in an array of journals, including the Journal of European Competition Law & Practice, the Competition Law Journal and the Journal of Antitrust Enforcement, and he regularly speaks at international competition law and policy conferences.