Healthcare & Life Sciences Industry Group
The healthcare and life sciences industry is facing quite a number of changes. These do not only pertain to life sciences and healthcare as such, but also to legislation in this field. By closely monitoring these changes, the BarentsKrans Healthcare & Life Sciences Industry Group is able to keep you up-to-date on the developments that influence your day-to-day activities. In cooperation with you we look for the new opportunities these developments might offer you as a player in the field of healthcare and life sciences.
The Healthcare & Life Sciences Industry Group brings together our knowledge and experience in the industry. Members of the group share some of their experiences below.
“Because of the large interests involved, the market introduction of generic medicines often leads to legal battles on various issues, such as infringement and invalidity proceedings with regard to patents and SPCs as well as regulatory proceedings pertaining to market authorisations. For instance, we have been engaged in litigation regarding Neoral (ciclosporine), Losec (omeprazol), Fosamax (alendronate) and Lexapro (escitalopram). In the field of medical devices (e.g. EEG devices, heart-lung machines and breast implants) we help to resolve disputes between manufacturers, customer complaints and conflicts between scientists and industry. Besides litigating, setting up co-operation arrangements between market players is of great importance to the industry. We advise on strategy, assist in negotiations and structure the joint activities by drafting and analysing licences, distribution agreements and R&D agreements.”
Marleen van den Horst – IP and Technology
“The Netherlands Competition Authority (NMa) is of the opinion that nursing homes, homes for the elderly and homecare service providers have had sufficient time to adapt to competition rules. Since 2007 it has conducted raids at many players in this industry and in several cases it has taken enforcement action. Some companies have already been fined. The main industry association has engaged us to assist in its negotiations with the NMa to reach a system of alternative settlement. This took the shape of a general ‘clean sweep’ action based on compliance and a comprehensive filing of all possible objectionable situations in the past. This proved to be a highly complex operation. Eventually, in its general meeting, the industry association elected not to endorse the programme proposed by its board and the NMa”.
Pierre Bos – Antitrust and Public Procurement
“Employees in the healthcare industry often have a special position in terms of labour law. Medical specialists, for instance, may be operating through their own company, as an employee, as a civil-servant or in a combination of all these. The healthcare practitioner's medical and functional interests may occasionally come into conflict with the organisational and commercial interests of the organisation. Within the medical profession there are also regular differences of opinion on the consequences of liberalising the market or on digital healthcare systems. We use our healthcare industry experience to prevent or rapidly resolve disputes on performance, cooperation and remuneration. We are one of the very few firms in the Netherlands who also work for healthcare institutions where everybody on the payroll is a civil servant.”
Caroline van Gent – Labour Law
“The Dutch life science industry is among the world's best. To keep ahead of the competition it is essential that the right alliances are formed. Additionally, short and mid-term capital requirements remain a constant challenge. Our lawyers and civil-law notaries are regularly engaged to perform due diligence and supervise transactions. Additionally, we have extensive experience in assisting in venture capital, private equity, MBO and MBI transactions, the setting up of joint ventures and financing agreements.”
Michiel Martin - Corporate and M&A
“Healthcare institutions are increasingly being administered as commercial undertakings. As a result they are no longer always subject to the obligation to procure their purchases through European public-tendering procedures. On the other hand, they may have to tender their offers themselves more frequently. We advise parties in this field, guide them and, when needed, represent them in litigation (in injunction proceedings or otherwise). We recently represented a major homecare services provider, whom the local municipality claimed had submitted an invalid tender. We succeeded in demonstrating that the homecare provider had given a reasonable interpretation of the tendering documents and that the municipality had wrongfully excluded it from the tender procedure.”
Tsong Ho Chen – Antitrust and Public Procurement
“Property development in the healthcare sector is a complex affair. Most projects nowadays not only include purely healthcare-related functions, but also other aspects, such as housing. Care institutions are increasingly working together with public housing corporations or other players in the market. This means it is necessary to pay attention to the way in which parties cooperate and the allocation of responsibilities. Additionally, procedures for obtaining building permits can be a complicating factor, for instance, due to objections lodged by local residents. The expertise of our lawyers and civil law notaries is geared to expeditiously and skilfully guiding projects in the field of healthcare, both in planning and during the execution phase.”
Joost Huijgen – Real Estate
Information
If you would like to know more about our Industry Group, please feel free to contact us.