The sector just now

The Life Science and Healthcare sector operates in the often complex interface between the sector-specific regulation of enterprises and products, which is increasing both in relation to scope and complexity, and the public healthcare systems' increased demands for savings by way of e.g. increased competition (tenders) and major changes in the national systems of grants and subsidies.

There are several tendencies in times where focus is on increasing (or maintaining) companies' revenue and improving the bottom line, e.g. by making adjustments within research/development, marketing and sales. Recently, we have witnessed new strategies in the wake of a long-time consolidation wave. More products and distribution forms have been and will be joined in the same company or group, e.g. Novartis and Pfizer have units selling both original medical products, generic medical products and foods/food supplements. But did this turn out to be the correct strategy? Lately, Pfizer has announced a strategy of demerging these three product areas. We believe that other players will follow in the years to come. One of the reasons why the synergy effects in relation to integration of the business areas have apparently been long in coming is the substantial regulatory challenges of having such product diversity in one company.

How we can assist

Our experts have advised all players in the sector. This has given our team unique insight into the industry, making us capable of providing advice and sparring on all commercial and legal aspects. Many of the team's attorneys have worked "in-house" supplementing our advice with a special edge - we know the "key value drivers" of the sector.  We have in-depth and valuable knowledge of the commercial reality facing the sector players.

We see great opportunities in being involved already during the development of a new product as the corner stones of a durable "product life cycle management strategy" must be implemented already at this stage. It is our experience that a legal/strategic challenge from our team contributes to our clients increasing their revenue due to additional sales and/or improving the bottom line as the distribution channels are optimised or as a number of costs for e.g. long-term disputes with authorities, competitors, etc. are reduced/avoided. 

  • Manufacturers of original products 

    The industry is challenged by the combination of an impending expiry of a patent and increased pressure on prices from the authorities and has for years tried to increase revenue by way of mergers, acquisitions and new product initiatives. The consequent product diversity, increased competition and stricter regulatory requirements impose substantial demands on companies, but also on their advisers. 

    We advise on e.g.:

  • Manufacturers of generic products   

    The business model of the industry is changing, and we see an increasing tendency towards generic manufacturers - by means of e.g. mergers - marketing their own "brands" (original medical products) and food supplements in addition to generic medical products. This makes it possible to ensure (quick) growth, but also involves regulatory challenges as the product diversity means that companies must comply with very different legal areas.

    We advise on e.g.:

  • Medical equipment   

    Over the next few years, the medical industry will have to adapt to significantly intensified regulation. The tendency is that companies in a variety of areas will be subject to the same requirements as pharmaceutical companies. The Medical Devices Directive is being amended, and the Danish Health and Medicines Authority has introduced registration requirements, and new legislation will change the industry's interaction with healthcare professionals. 

    We advise on e.g.:

  • Parallel importers

    For more than 40 years, price differences in Europe on medical products or medical equipment have created a market for parallel imports, in particular in relation to medical products, but there is also an increasing tendency towards parallel import of medical equipment. The industry is under pressure. The pressure comes from e.g. state intervention in connection with price fixing of products in the classic discount markets, increased competition among importers, increased product and distribution regulation and application of tender procedures. New markets, distribution models and efficiency improvements are scanned in pursuit of improving top and bottom lines.

    We advise on e.g.:

  • Food manufacturers 

    The food industry is complex and involves a large number of players in the distribution chain - players we have wide experience advising. Horten's team consists of several advisers having experience from the industry, which provides an extra edge to our advice. We have wide experience handling the contact with authorities, which is very important in an industry which is subject to supervision and control from the Danish Veterinary and Food Administration, which is notoriously known for taking some of the most restrictive stands within the EU when it comes to the interpretation of the requirements for e.g. composition and marketing of foods. 

    We advise on e.g.:

  • Biotech

    Biotech is an industry with unique products in the pipeline, but the industry has in recent years had difficulties attracting the required capital to be able to carry out the essential research and development. Our team has a broad network and has on several occasions assisted clients procuring capital (matchmaking). Intellectual property rights, e.g. patents, are important assets to the industry. Our expertise benefits our clients in all parts of product development and commercialisation.

    We advise on e.g.:

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our team

Jens Jakob Bugge

Partner

Hans Christian Pape

Partner

Jonas Enkegaard

Partner

Peter E. P. Gregersen

Partner

Anders Valentin

Partner

Ole Damsbo

Senior Counsel

Cecilie Frost Adamsen

Assistant Attorney

Christian Frydenlund

Assistant Attorney

Maria Pilh Arendsdorf Bengtsen

Assistant Attorney

Patris Hajrizaj

Assistant Attorney