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Vice President Joshua White Considers Role of Denigration in Competition Analysis at CompLaw Pharma
Analysis Group Vice President Joshua White participated in “Denigration: Implications of Teva and Vifor,” a panel at the CompLaw Pharma conference in Brussels. The session was moderated by Anne Robert (Sidley) and featured panelists Jacob Westin (Sandoz AG), Despoina Samara (GSK), and Aileen Murtagh (Biomarin). The discussion explored the emerging theory of denigration as a form of exclusionary abuse, drawing on the recent cases CSL Vifor and Teva, and considered their broader implications for the life sciences sector.
Mr. White opened by summarizing key elements of the European Commission’s commitments decision in CSL Vifor, which followed an investigation in which Analysis Group advised the company, and then discussed the parallel decision by the UK’s Competition and Markets Authority. The debate then turned to what constitutes objectively reliable evidence in company communications relating to safety and efficacy of medications. On that topic, Mr. White reflected on the European Commission’s preference for randomized controlled trials and underscored the resulting tension with medicines regulators over the role and reliability of real-world evidence (RWE). He noted that RWE is increasingly recognized across the pharmaceutical industry as a key source of information on safety signals, usage patterns, long-term outcomes, and treatment effectiveness. Mr. White added that limiting the ability to communicate based on RWE may constrain the flow of valuable information to health care professionals. He also emphasized the growing importance of rigorous health economics and outcomes research (HEOR) analyses to ensure that RWE is generated and interpreted in a scientifically robust manner.
Mr. White concluded by noting that the stricter advertising rules in the proposed EU pharmaceutical package may encourage a more effects-based approach to denigration cases. He stressed the inherent ambiguity in disparagement cases and highlighted that even scientifically supported communications by an incumbent may constitute an abuse in certain circumstances, according to the current approach of competition authorities. He therefore emphasized the need for a careful assessment of both the potential and the actual impact of communications on competition.
Associated People
Joshua White
Vice PresidentMr. White is a consulting economist who specializes in applying microeconomics and sophisticated econometric modeling to complex litigation and merger-related questions, primarily in matters involving the health care, financial services, and technology industries. His work across a diverse set of engagements has encompassed simulating consumer demand and switching behavior, analyzing whether intellectual property (IP) licensing rates are FRAND-compliant, and estimating ex ante default probabilities for structured investment vehicles. He also has substantial experience developing innovative technological tools for analyzing datasets for merger and competition analyses.
Mr. White has supported both economic and scientific experts addressing competition and intellectual property (IP) issues in matters related to cutting-edge pharmaceutical products. He has supported clients in various jurisdictions and industries in follow-on cartel damages litigation, assessing overcharge, upstream and downstream pass-on, and volume effects.
Mr. White has worked in a number of international jurisdictions and has served as a testifying expert in the UK’s Upper Tribunal (Lands Chamber) on competition matters related to restrictive land covenants. He has also given evidence and submissions to the UK’s Competition and Markets Authority (CMA) on behalf of clients involved in market investigations and mergers. Mr. White has supported several clients before the European Commission on cartel and merger matters and has provided support to European financial and competition regulators in coordinated conduct investigations. Mr. White has published a number of articles and regularly speaks at international competition law and policy conferences.