Gaëlle Merlier is specialised in healthcare matters, with an emphasis on product liability cases (medicines, vaccines, medical devices), as well as general commercial litigation (brutal termination of commercial relationships, unfair competition, etc). She has broad experience in assisting clients during court-ordered expert investigations and before the CCI (Commission for Conciliation and Indemnification).
She intervenes in criminal proceedings and in the scope of inspections conducted by health authorities (French National Agency for Medicines and Health Products Safety - ANSM).
- Assisting, representing and advising a multinational pharmaceutical corporation in various proceedings before the Civil Courts and the CCI relating to the alleged defects of a wide range of vaccines and medicinal products for human and veterinary use as well as in commercial disputes relating to allegations of abusive termination of contracts
- Acting for a leading specialty pharma company in unfair competition proceedings involving one of its major pharmaceutical products and an illegal comparative advertising campaign broadcast by a competitor
- Representing a major industrial group before the French civil courts in a litigation involving 25 other manufacturers related to the alleged consequences on health of a herbicide
- Advising a leading group in the healthcare industry following an inspection from the ANSM that took place after the notification of a quality issue and subsequent recalls of products
- On a trimestrial basis, Gaëlle writes articles with Thomas Baudesson and Charles-Henri Boeringer regarding recent criminal case law for the Journal de droit de la santé et de l'assurance maladie:
- Les conditions de la réparation du dommage de la partie civile seule appelante d'un jugement de relaxe : Commentaire des arrêts Crim., 5 février 2014 (pourvoi n° 12-80.154) et Crim., 11 mars 2014 (pourvoi n° 12-88.131), Number 1 – 2015
- La sanction du non-respect de l'obligation de suivi en matière médicale : Commentaire de l'arrêt Crim. 4 juin 2013 (pourvoi n°12-84.543), co-authored with Thomas Baudesson, Number 3 – 2013
- La mort au cœur de l'indemnisation du préjudice corporel, Commentaire de l'arrêt Crim., 26 mars 2013 (pourvoi n°12-82.600), co-authored with Thomas Baudesson, Number 2 – 2013
- Non-lieu dans l'affaire de Tchernobyl, Commentaire de l'arrêt Crim., 20 novembre 2012 (pourvoi n°11-87.531), co-authored with Thomas Baudesson, Number 1 – 2013
- Damages, national differences still prevail, co-authored with Cécile Derycke, A Decade of Product Liability in Europe - EPLR: a ten year retrospective (March 2011)
Career and qualifications
- University of Paris I Panthéon-Sorbonne (Master I in European Law) 2004
- University of Paris I Panthéon-Sorbonne (Master II in Law of Health & Food Safety) 2005
- Member of the Paris Bar, 2009
- Member of the Alumni Association of Master II in Law of Health & Food Safety
Awards and citations
- "Market access, pricing policies, competition, public procurements, intellectual property, compliance and corporate matters all fall within the expertise of Clifford Chance's cross-disciplinary offering. Reinforced by the arrival of antitrust expert David Tayar from Willkie Farr & Gallagher LLP, the team recently advised on the breakup of a joint venture between two leading global pharmaceutical players for the distribution of over-the-counter products; Tayar is also representing Teva in an investigation by the European Commission regarding a patent settlement with Cephalon. Thomas Baudesson and senior associate Gaëlle Merlier teamed up to defend a major pharmaceutical company against a series of product liability claims, including criminal charges. On the corporate front, Laurent Schoenstein assisted Synlab Labco with its acquisition of Seldaix, while regulatory expert Olivier Gaillard continues to advise on new anti-gift and transparency regulations. Other key clients include Pfizer, GSK and Novo Nordisk."
Legal 500 EMEA, France, Industry Focus: Healthcare and Life Sciences, 2019