Overview

Catherine Longeval specialises in litigation before the Belgian courts and advises clients on a wide range of issues, including life sciences law. Her expertise in this area covers laws governing medicines, biotech products, medical devices, cosmetics and food supplements, among other aspects.

She also specialises in unfair market practices, distribution law, product liability, employment law and general commercial law.

Catherine began her professional career in October 1989. Prior to joining Van Bael & Bellis in 1994, she worked as an associate with a leading Brussels law firm. 

She regularly lectures and writes on life sciences regulatory matters and procedural law matters. She often speaks at conferences.

Languages

Dutch, English, French

Recommendations

  • Chambers Global and Chambers Europe for Dispute Resolution
  • Chambers Europe – ‘Leaders In Their Field’ (Dispute Resolution) 
  • Expert Guides – Guide to the World’s Leading Litigation Lawyers
  • PLC for EU Life Sciences – Regulatory
  • PLC for EU Life Sciences – Competition/Anti-trust
  • PLC for Dispute Resolution 
  • PLC for Belgium Life Sciences – Regulatory
  • Legal 500 for Employment law
  • Legal 500 for Dispute Resolution
  • European Legal Experts for Litigation
  • Who’s Who Legal for Life Sciences
  • LMG Life Sciences (Europe) – Life Sciences Star
  • Best Lawyers – Litigation  

Education

  • University of Brussels (ULB), Master of Laws, 1989 
  • University of Leuven, Master of Laws, 1987

Publications

Contributor to Van Bael & Bellis' Business Law Guide to Belgium (Kluwer Law International/Bruylant, 2003).

Co-author of PLC's Life Sciences Handbook, Chambers' Pharmaceutical Advertising Guide, and dispute resolution section of Chambers' Litigation guide. 

Professional Memberships

Member of CEPINA (Belgian Centre for Mediation and Arbitration)
Member of the Brussels Pharma Law Group
Member of the European Employment Lawyers Association
Member of the International Bar Association

Bar Admission

Brussels

Notable assignments

  • Representing a global pharmaceutical company in the context of “extreme urgency” suspension proceedings before the Council of State, aimed at the suspension and annulment of a tender decision of the Office de la Naissance et de l’Enfance (ONE) granted in favour of a competitor of our client.

  • Representing a global logistics company in proceedings initiated by an international organisation and the Belgian State following our client’s attachment of assets in a case which raises complex issues under international and procedural law.

Publications and insights

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    • 05/11/2019
    • Articles

    Dutch Competition Authority Will Clarify Guidelines on Joint Purchasing of Medicines

    The Dutch competition authority announced yesterday that it would clarify its 2016 guidelines on the joint purchasing of medicines (“Leidraad gezamenlijke aankoop geneesmiddelen voor de medisch-specialistische zorg” - https://www.acm.nl/sites/default/files/old_publication/publicaties/15959_leidraad-gezamenlijke-inkoop-geneesmiddelen-voor-medisch-specialistische-zorg-2016-06-22.pdf – the “Guidelines”). It did so in response to an assessment of the Guidelines carried out by “Strategies in Regulated Markets”, a consultancy (the “Assessment” – see attached). The Guidelines were designed to encourage the joint purchasing of medicines by a range of hospitals, a group of insurers or a combination of hospitals and insurers. They are supposed to offer a safe haven for specific forms of cooperation on the buying side of medicines. According to the Assessment, the Guidelines have increased the dynamics of oligopolistic medicine markets but have also added a layer of complexity to cooperation. As a result, the net effect of the Guidelines on competition in such markets is limited. By contrast, the Guidelines have had a larger impact, including price reductions, on monopolistic medicines. Conversely, the Guidelines had no stimulating effect on the market for medicines in full competition, because these markets work well and joint purchasing of such medicines has existed for decades. On this basis, the Assessment advocates for a broader safe haven which will bolster competition in the markets where the mechanics of competition are still imperfect. For example, the Assessment recommends the possibility for buyers to exchange more information regarding medicines. Additionally, the Assessment identifies non-competition related obstacles to the efficient buying of medicines. These include the fact that there is still no consensus on the switching of patients between therapeutically equivalent medicines. Similarly, buyers do not have reliable information on the relevant costs of the medicines which they procure.

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    • 04/11/2019
    • Articles

    Medicine Shortages - The Netherlands To Create "Iron Stock" Of Medicines

    The latest European country to announce measures to tackle medicine shortages is The Netherlands. Minister of Medical Care Bruno Bruins announced this morning the creation of what he referred to as an “iron stock” (“ijzeren voorraad”) of medicines that would cover five months of supplies (see, attached press release). The stock would include all medicines available on the Dutch market and would be built up gradually from 2020 onwards. It is expected to reach completion in 2022. The system will require a range of agreements among suppliers, wholesalers, pharmacists and payers on both operational and funding issues. Some of these arrangements will give rise to competition law scrutiny. For example, the Minister anticipates the parties “better to predict the demand for medicines in order to match supply and demand optimally”. The new rules will be laid down in a policy measure that will be overseen by the Inspection for Medical Care and Youth (“Inspectie Gezondheidszorg en Jeugd”). The Minister estimates the cost of the iron stock to amount to approximatively EUR 25 million. The press release does not indicate whether this is a one-off or a recurring expense. Finally, Minister Bruins once more advocates for a European approach to some of the medicine shortage problems. Echoing a proposal made by the French government (see, Van Bael & Bellis Life Sciences Newsflash of 9 July 2019), he suggests that the production of specific “crucial medicines” and pharmaceutical ingredients should return to Europe.

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    • 29/10/2019
    • Articles

    Spanish Competition Authority Extends Investigation against Producers of Radiopharmaceuticals

    The Spanish competition authority, “Comisión Nacional de Los Mercados y la Competencia” (“CNMC”), today decided to extend an investigation involving radiopharmaceuticals to two additional defendants, GLO Holdco S.C.A. and Novartis Groupe France S.A.(see, attached press release of 29 October 2019). These are the parent companies of respectively Curium Pharma Spain S.A. (“Curium”) and Advanced Accelerator Applications Ibérica S.L.U. (“AAA”), firms that had already been targeted by, first, dawn raids (see, attached press release of 9 November 2018) and, later competition proceedings (see, attached press release of 11 February 2019). A number of executives of these firms are also the subject of proceedings which are based on both European and Spanish competition law. Curium and AAA stand accused of colluding to share the market, fix prices and exchange business-sensitive information on the Spanish market for the production and sale of radiopharmaceuticals used in positron emission tomography (“PET”) nuclear imaging. This infringement allegedly took place between 2014 and at least November 2018. Additionally, AAA is suspected of having abused a dominant position on the market for PET radiopharmaceuticals by hindering third-party market entry between 2017 and, again, at least November 2018. This latest move is another manifestation of the very active enforcement policy of the CNMC in the pharmaceutical sector (see e.g., Van Bael & Bellis Life Sciences Newsflashes of 25 April 2019 and 27 May 2019). The approach of the CNMC thus forms part of a broader Europe-wide pattern involving intense competition scrutiny of the industry.

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