Michael has extensive experience advising clients on the competition law issues arising throughout the lifespan of a product, including:
Collaborations / Licensing / M&A
With over 20 years of experience advising clients on global R&D collaborations, licensing and M&A transactions, Michael helps clients successfully plan, complete and implement complex transactions and long-term collaborations, navigating required government approvals and issues ranging from pricing control/IRP management, trade, exclusivity and information exchange.
Pricing
Michael routinely advises clients on the pricing of high-profile medicines and other products in Europe and beyond, working closely with clients’ legal and pricing teams to develop compliant pricing strategies that allow successful agreements with customers and payors, address threats from competitors, and minimize any implementation issues that might otherwise undermine commercial success. Michael also provides advice on internal and external pricing governance systems that allow clients to implement desired pricing strategies across different countries and regions.
Strategies v. competitors
While it is normal and allowable for companies to prepare for and compete with new entrants to the market and other competitors, certain activities may violate the competition laws and trigger large fines. Michael works closely with clients’ legal and business teams to develop proactive guidance allowing compliant and effective responses to competitive threats.
Supply and distribution
While supply and distribution systems are an afterthought in many industries, failure to implement legally robust systems to manage parallel trade, pricing controls and other issues can trigger legal compliance risks and undermine commercial success. Michael works closely with clients on their supply and distribution systems to proactively address such issues with constructive and compliant solutions.
Compliance tools
Michael works with clients to develop effective compliance tools, tailored to the clients’ specific business, which allow in-house counsel to constructively advise and guide business teams on competition law issues that may impact commercial success or create legal compliance risks.
Investigation defence & complaints
While our objective is always to help our clients avoid legal issues and regulatory scrutiny, where legal challenges arise, Michael works with clients on proactive steps intended to quickly resolve the issue or investigation and has assisted clients to successfully resolve complaints and investigations by the EU and national competition authorities and before national courts. Michael also supports clients to take legal actions against competitors engaging in illegal activities.
Client, Legal 500 2025, Industry focus: Healthcare and life sciences“Michael Clancy - down to earth, highly responsive, genuinely knowledgeable about our industry.
- Successful defence of pharmaceutical client against excessive pricing allegations before the European Commission
- Successful defence of pharmaceutical client against claims of exclusionary pricing in the Italian courts and before the Italian competition authority
- Litigation and complaints in Germany and the Netherlands for clients to prevent anticompetitive actions by stronger competitors
- Defending Xellia and Zoetis in the appeals before the EU Courts against the European Commission’s first decision on “reverse-payment” patent settlements
- Successful defence against investigation by the Swedish competition authority concerning parallel trade
- Successful defence against investigation by the Latvian competition authority concerning vertical restrictions
Professional
- Admitted to Brussels Bar
- Admitted to New York Bar, 28 January 2024
Academic
- Yale Law School, J.D., 2003
- University of Dayton, B.S. in Mechanical Engineering, 2000
- American Bar Association
- Legal 500 for Healthcare and Life Sciences (‘Next Generation’ leading lawyer)
- Thomson Reuters Client-Nominated Stand-out Lawyers
- AbbVie Scores Major Win Defending its Humira® Pricing in the Netherlands Against Private Excessive Pricing Action, VBB News (01 August 2025)
- Abusive Promotional & Regulatory Activities French Supreme Court Reinstates €444 Million Fines on Novartis, Roche and Genentech, VBB News (22 July 2025)
- Blocking Patents – Swiss Competition Authority Publishes 2024 Decision Clearing Novartis, VBB News (08 July 2025)
- Bulgaria – Commission for Protection of Competition Begins Sector Inquiry of Wholesale and Retail Markets for Medicines, VBB News (23 June 2025)
- Belgian Competition Authority Accuses Roche of Hampering Biosimilar Market Entry in Oncology, VBB News ( 17 March 2025)
- Pricing & Market Access, EU Pharmaceutical Law Forum, Brussels, May 2025
- Competition Law and IP, Pharma and Biotech Patent Litigation, Amsterdam, Jan 2025
- Distribution of Pharmaceuticals, CompLaw Pharma, Brussels, December 2024
News & insights
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