Marc P. Philipp Libros

This book examines the 2009 EU Commission’s Pharmaceutical Sector Inquiry and its effects on originators' use of Intellectual Property measures against generic competition. It argues that while recent EU competition law developments may limit originators' ability to block or delay generic market entry, a nuanced evaluation of the inquiry's broad allegations is necessary. The author analyzes six critical issues highlighted in the inquiry's final report: blocking/defensive patenting, patent thickets, patent-related disputes and litigation, follow-on innovation, authorized generic entries, and patent settlement agreements, along with interventions in generic marketing authorization. The aim is to clarify the legal boundaries between acceptable and problematic conduct under Articles 101 and 102 TFEU, thereby reducing legal uncertainty. Additionally, the book contextualizes the inquiry’s findings within industry trends that could reshape traditional originator and generic business models. The author, with a background in economics and law, has extensive experience in strategy development as a consultant for the pharmaceutical sector and currently leads strategic research management at a prominent life sciences public research organization in Germany.