The occurrence of global pandemics such as HIV and COVID-19 has made it even more necessary for society to ensure that healthcare and medication are accessible to ever-increasing numbers of people. At the same time, it is a vast and lucrative industry, providing employment and income for many.
The pharmaceutical and medical devices industries are also amongst the most innovative, with new products being developed and marketed continually. Innovation in cannabis-based medicinal products is one example that has attracted attention recently, while products like sports nutrition and complementary medicines have also recently been drawn into the regulatory net.
Balancing these considerations has resulted in the industry being highly regulated, with complex legislation governing medical schemes, manufacturing, licensing and pricing of medicines and protection of intellectual property. The legislation considerations must be considered not only in the daily operations of businesses in the industry, but also when negotiating and concluding mergers and acquisitions, as well a supply and licensing agreements. The legislation also imposes strict conditions on product quality and safety. A thorough understanding of all the legislation is necessary to avoid substantial product liability claims and mandatory product recalls in respect of non-compliant products.
Life Sciences & Healthcare industry expertise
- Regulatory advice on compliance with laws relating to pricing, marketing and distribution of medicines
- Mergers and acquisitions involving pharmaceutical and life sciences companies
- Competition law advice on prohibited practices in sales and marketing of medicines and medical devices and obtaining merger clearances
- Tax and exchange control advice in relation to cross border mergers and acquisitions
- Drafting of agreements in respect of supply, distribution and marketing of medicines and medical devices
- Advised a Swiss-based pharmaceuticals company on the acquisition of a diversified pharmaceuticals and medical devices group in South Africa
- Advised a multinational generic pharmaceutical manufacturer and distributor on the acquisition of a manufacturing facility in South Africa
- Advised a multinational generic pharmaceutical manufacturer and distributor on compliance with legislation relating to pricing and marketing of medicines
- Advised a German-listed supplier of dialysis equipment in regard to its service contracts in multiple African jurisdictions
- Represented an investor in the acquisition of a significant stake in a listed healthcare company with global operations
- Represented a foreign listed company on its acquisition of a pharmaceutical business in South Africa
- Represented one of the largest groups of oncologists in South Africa in relation to the acquisition of oncology practices and nuclear machinery