European Commission launches antitrust case against Boehringer Ingelheim

The European Commission is to open antitrust proceedings against Boehringer Ingelheim for possible violation of competition law by excluding potential competitors from the market.

Boehringer says it has done nothing wrong.

The proceedings launched against the German group concern the suggestion of misuse of the patent system to exclude potential competition for drugs for chronic obstructive pulmonary disease (COPD).

The initiation of proceedings does not imply that the Commission has any conclusive proof of a violation, but only that it is giving the case priority, according to DG competition.

In July 2006, the Commission carried out a search of two of Boehringer's sites in Germany. But the company maintains that the Commission has so far provided few explanations for the exact reason for these allegations.

'Boehringer Ingelheim has fully cooperated with European authorities and is convinced that it will be found that the company has respected all regulations and undertakings,' it stated.

Under EU antitrust law, when the Commission - acting on its own initiative or in response to a complaint - finds that EC Treaty competition rules are infringed, it may then require the companies and associations of companies concerned to bring this infringement to an end, by means of a Decision (an EU legislative instrument).

Antitrust proceedings under article 82 of the Treaty of Rome concern companies in a dominant position which abuse that position. But Boehringer's products do not have a dominant position either in COPD or in respiratory diseases in general. The group maintains therefore that it clearly is not abusing any so-called dominant position.