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Antitrust: Commission seeks feedback on commitments offered by #Aspen to reduce prices for six off-patent cancer medicines by 73% to address Commission's concerns over excessive pricing

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The European Commission invites comments from all interested parties on commitments offered by Aspen to address the Commission's concerns over excessive pricing. Aspen proposes to reduce its prices in Europe for six critical cancer medicines by 73% on average. In addition, Aspen proposes to ensure the continued supply of these off-patent medicines for a significant period. Following a formal investigation opened on 15 May 2017, the Commission has serious concerns that Aspen has been abusing its dominant position in numerous national markets by charging excessive prices for critical off-patent cancer medicines. Aspen's practices concern a number of cancer medicines mainly used in the treatment of leukaemia and other haematological cancers. Aspen's behaviour may be in breach of the EU's antitrust rules.

The Commission invites all interested parties to submit their views on Aspen's proposed commitments within two months from their publication in the Official Journal. Taking into account all comments received, the Commission will then take a final view as to whether the commitments sufficiently address competition concerns. If this is the case, the Commission may adopt a decision making the proposed commitments legally binding on Aspen under Article 9 of the EU's antitrust Regulation (Council Regulation 1/2003).

Executive Vice President Margrethe Vestager, in charge of competition policy, said: “Pharmaceutical companies often bring innovative medicines to the market and they should be rewarded for that. However, they sometimes also use their dominant position to increase prices of old but critical medicines by several hundred percent without any real justification. The Commission has concerns that Aspen's conduct in this case amounts to excessive pricing by a dominant firm, which is prohibited by EU competition rules. To remove these concerns Aspen proposes to radically reduce its prices and to guarantee the supply of six critical cancer medicines. We now reach out to the stakeholders to hear their views on whether the commitments adequately address our concerns and benefit patients and health budgets across Europe.”

The full press release and Questions and Answers are available online.

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