Articles for the ‘’ Category

As the landscape of modern medicine evolves, combination therapies—those that use two or more distinct medicines, often from different companies—are becoming increasingly vital, especially in treating complex diseases like cancer. These therapies promise improved clinical outcomes through synergistic mechanisms of action. However, the reimbursement process for such therapies presents significant regulatory and legal challenges, particularly in the area of information sharing between pharmaceutical companies. Recognising this issue, the Belgian Competition Authority (the “BCA”) has issued on 10 September 2025 a communication clarifying how companies can cooperate without breaching competition law.

The European Commission often relies on scientific evidence for its regulatory decisions. But when challenged, how much deference is owed to the regulator’s interpretation of the underlying science? This question came up in Joined Cases C‑71/23 P and C‑82/23 P concerning the classification of titanium dioxide – a chemical used in products like cosmetics and medicinal products – as a suspected human carcinogen. The Commission’s decision was based on technical input from the European Chemicals Agency (ECHA). After the General Court (GC) struck down the classification, criticizing the technical input, the Commission and France appealed. They argued that the General Court had overstepped its judicial role. The Court of Justice (ECJ) upheld the annulment, confirming the Court’s power to review the technical reasoning behind a regulatory decision.