Our firm advised the manufacturer of a liquid product under Regulation 528/2012 concerning the making available on the market and use of biocidal products.
Our client wanted to know whether the owner of data for a biocidal product contained in this liquid was entitled to request a high price in order to deliver a letter of access within the meaning of Article 95 of Regulation 528/2012.
We provided a detailed opinion in the light of the applicable biocides regulation and competition law rules (Regulation 528/2012; The European Chemicals Agency (ECHA) on the sharing of data and Article 102 of the Treaty on the functioning of the European Union).
