With its strong experience in the healthcare industry, ELSI assists its French and foreign clients, pharmaceutical companies, medical device manufacturers, distributors, wholesalers and pharmacies, in the development, negotiation, implementation and protection of their commercial policy and their economic activities.
A RECOGNISED PRACTICE IN PHARMACEUTICAL BUSINESS LAW
Thanks to the perfect mastery of the regulatory environment and the diversity of experience of its partners in international laboratories and in firms dedicated to the health industries, ELSI has developed a recognized expertise in the practice of pharmaceutical business law.
From their experience alongside experts in the sector, as well as their complementary field and litigation practice, ELSI's partners have developed a sharp know-how and a pragmatic and innovative approach to pharmaceutical business cases.
Their mastery of competition and distribution law as well as business and commercial policies provides ELSI's clients with a comprehensive, strategic and transversal support in all these matters.
For example, the firm has been involved on several occasions in issues of co-marketing, risky launches, unfair competition, breach of commercial relations as well as in the negotiation and implementation of supplier and distributor contracts on a national and international level, for the whole of the pharmaceutical, veterinary and medical device sectors.
OUR APPROACH: TAILOR-MADE SUPPORT WITH COMPLETE PREDICTABILITY
Anchored in the sectoral practice of their clients, ELSI's lawyers cultivatea modern approach and field expertise to respond as closely as possible to the needs of its clients.
In this respect, ELSI offers tailor-made support based on a dual approach combining advice and litigation, integrating risk analysis and anticipation, with the desire to provide a clear and strategic vision of all the problems encountered.
Whether it is a one-off question or a long-term management issue, the firm provides a tailor-made response and support adapted to the economic and commercial activity of its clients, in full transparency and predictability of its fee policy.
A true day-to-day partner, the firm offers integrated legal advice solutions, adapted according to needs, in the form of subscriptions, and co-piloting of certain subjects, with high profitability for the company.
Our main areas of intervention
Commercial law - Commercial litigation
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- Assistance in the elaboration, development and securing of your commercial policy
- Negotiations
- Change management and termination of commercial relations
- Commercial litigation - Mediation - Settlement
- Pre-litigation, determination of action strategy
- Assistance and representation in the litigation phase (summary proceedings, proceedings on the merits)
- Enforcement procedures
Contract law
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- Supply-related contracts: research & development (R&D), manufacturing, processing, subcontracting, purchasing and supply
- Contracts related to marketing: operation activity, licence, distribution, single agreement, commercial agency, sales commission, mandate, promotion, co-promotion, co-marketing
- Other commercial contracts: services, partnership agreements, cooperation agreements, market research, confidentiality agreements (NDAs), General Terms and Conditions of Sale (GTS) and Use (GTU)
- Contracts governing relations with healthcare professionals and associations: provision of services, consulting, partnerships, sponsorship, grants/donations (anti-gift)
- Clinical trial contracts: sponsor/CRO, accompanying single agreement
Advertising law and
sales promotion
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- Promotion, sales communication: sales, competitions, sweepstakes, premium sales, self-pay premiums, tied sales, discounts, price reduction announcements, resale at a loss
- Advertising: misleading, comparative
- Sponsorship
- Unfair competition: free-riding, denigration, violation of advertising rules
Competition law -
restrictive practices
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- Unfair competition: free-riding, denigration, violation of advertising rules
- Anti-competitive practices law: cartels and abuse of dominant position
- Support and advice on the strategy and validity of the agreements and practices implemented (co-marketing, breach of commercial relations, significant imbalance, abuse of dominant position, etc.)
- Assistance before the competition authorities (competition authority, DGCCRF, European Commission)
- Risky launches, regulatory protection of the marketing authorisation dossier
- Restrictive Practices Litigation - Mediation - Settlement
- Pre-litigation, determination of action strategy
- Assistance and representation in the litigation phase (summary proceedings, proceedings on the merits)
- Enforcement procedures
Distribution law
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- Parallel distribution, parallel import - notification, response
- Implementing and changing distribution patterns
- Hospital tenders and contracts
- Advice on the choice and implementation of distribution methods in France and abroad
- Drafting and validation of preparatory documents, pre-contractual information and distribution contracts (exclusivity, franchising, selective distribution, etc.)
Company law
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- Advice and support in the choice of practice methods and legal structure (formalities, publications)
- Current legal follow-up (approval of annual accounts, changes to the articles of association, company transformation, holding of your general meetings, etc.)
- Creation, transfer and consolidation of pharmacies
- Transfer of a pharmacy
