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On Tuesday, 26 January 2021, Allen&Overy (Belgium) LLP hosted a webinar on the key developments in parallel trade of pharmaceuticals in 2020. In this blog post, we discuss a few key topics and questions raised by the webinar’s participants.
How will the competition law framework apply post-Brexit?
Post-Brexit, companies active in the UK and the EU are now subject to parallel regimes, with the UK Competition and Markets Authority having the ability to review (potentially identical) transactions and behaviour alongside the European Commission.
Focusing on parallel trade, the topic of our webinar, the question arises as to whether a ban on exports to the UK would still be problematic from an EU competition law perspective given the UK’s exit from the EU. Art 101 TFEU applies to the territory of the EU – it catches only conduct that may have an effect on trade between Member States and that has the object of eff