The CMA recently opened its first investigation into suspected anti-competitive disparagement, in a case concerning iron deficiency treatments. What is anti-competitive disparagement, when can this infringe competition law, and what options for redress are available for victims of unlawful disparagement?
Jamie Cooke and Richard Whish KC discuss these issues, as well as the reasons why the pharmaceutical sector is particularly prone to this type of conduct although disparagement cases can also arise in other sectors.
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