On Tuesday 26 March, the European Commission announced that it had opened its first formal investigation into a possible breach linked to exclusionary behaviour. It wants to determine whether the animal health company Zoetis (USA) prevented the market launch of a new medicine competing with Librela, a monoclonal antibody developed by Zoetis to treat pain associated with osteoarthritis in older dogs.
Zoetis acquired a product with a similar indication, which was at an advanced stage of development and was about to be placed on the market in the European Economic Area (EEA) by a competitor.
The Commission is concerned that Zoetis may have engaged in exclusionary conduct by putting an end to the development of this competing product, contrary to Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA agreement.
Zoetis also refused to transfer the development of the product to the third party that held the exclusive commercialisation rights in the EEA.
This investigation follows a complaint lodged by the animal health company Virbac (France) in November 2020. In October 2021, the Commission also carried out unannounced inspections at Zoetis’ premises in Belgium (see EUROPE 12819/15). (Original version in French by Émilie Vanderhulst)