#96 Can They Really Say That? Product Denigration Under French Antitrust Law

At its most basic, marketing often consists of simply explaining a product's qualities relative to its alternatives. Can this go too far and amount to a competition law infringement? Isabelle de Silva, President of the French Competition Authority (FCA), and Bill Batchelor join John Roberti and Matthew Hall to discuss product denigration by reference to the FCA's cases in the pharma sector. Listen to this episode to learn more about these cases and how to draw the line between illegal disparagement of rivals and factual communication of differences.

Related Links:

FCA's AMD (Avastin) decision September 2020

FCA's Subutex decision December 2013

FCA's Plavix decision May 2013

FCA's Durogesic decision December 2017

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John Roberti and Matthew Hall