Healthcare

At rēgula, we have a solid track record of advising clients in the healthcare sector, including pharmaceutical companies, biotechnology firms, private hospitals, industry associations, and medical equipment operators.

We have acted in numerous merger control proceedings before the Spanish competition authority (CNMC) on behalf of several leading pharmaceutical companies. Some of these transactions involved complex issues, such as the correct definition of the relevant market, the existence of portfolio effects, and the role of intellectual property rights in assessing the transaction’s impact.

We also litigate on behalf of private operators against pharmaceutical companies sanctioned by the CNMC, seeking full compensation for damages caused by their anticompetitive conduct. Our team has participated in proceedings before competition authorities concerning major anticompetitive practices affecting the pharmaceutical sector, including pay-for-delay agreements and disparagement practices.

In addition, we provide ongoing legal advice to some of Spain’s leading pharmaceutical companies on the structuring and negotiation of their distribution and licensing agreements.

We also have significant experience in public procurement in the healthcare sector, particularly in complex tenders for the supply of biosimilar medicines, the provision of ambulance and medical transport services, and home respiratory therapies. Furthermore, we have advised on the structuring and implementation of large-scale projects for the provision of social and healthcare services, as well as concessions for the construction and operation of major public hospitals, including those involving direct patient care (the white coat model).