I was about to reference the new rules too, but now I don't need to :-)
Guess it is conceivable that Biogen could have started an as yet unregistered MS trial with A2-73 prio to Jan 18th 2017 or in some other country, but seems a little unlikely.
One thing to note, though, while ~$12 grand per day is a lot, when the impact of success/failure is billions for all concerned, a few million bucks is "chump change? for Biogen to pay in penalties to avoid a major misstep.