GERMANY LAW AND PRACTICE Contributed by: Dr. Clemens Tobias Steins, Dr. Michael Pfeifer, Dr. Daniel Grohs and Dr. Bianca-Lucia Vos, Hoffmann Eitle
11. Collective Redress 11.1 Group Claims
Objective statistics that provide a clear picture of the use of ADR to resolve disputes in life sci - ences are not available. Seemingly, ADR does play a role, either based on contractual dispute resolution clauses or agreed at the time of the dispute, but it is extremely rare compared to liti - gation.
Group claims are only available regarding unfair practices against consumers. They can be brought by consumer advocacy organisations and are designed to assist consumers who have suffered minor damages and are unable to pursue their own legal action. They are not very relevant in the life sciences and pharma sector.
10. Settlement/Antitrust 10.1 Considerations and Scrutiny
The EU Commission, as the competent antitrust authority for the entire European Union, is close - ly monitoring the pharma and life sciences sec - tor, both in terms of abuses of dominant posi - tions and agreements that violate competition law. The EU Commission has been particularly critical of settlements that limit generic entry and include a value transfer to the generic company.
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