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EU Competition Law and Pharmaceuticals

EU Competition Law and Pharmaceuticals

Author: Wolf Sauter; Marcel Canoy; Jotte Mulder
Publisher: Edward Elgar Publishing
ISBN: 9781802204407
Published In: November 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This timely book discusses the application of the EU competition rules to pharmaceuticals, covering the prohibitions on anticompetitive agreements and abuse of dominance, and merger control.

The author team comprises academic experts and private practitioners who analyse recent case law at both EU (and UK) and Member State levels – in the context of current issues and future trends, including those related to COVID-19 – and examine the impact of competition law on the behaviour of the pharmaceutical industry. The book carefully considers the balance between competition and innovation, as well as between competition and regulation. It concludes that competition and regulation are not alternatives, but complementary, and that novel ways of taking into account risk and real innovation through competition assessments have been developed.

Integrating an overview of competition law, IP law and pharmaceutical regulation, this book will be an ideal read for scholars and graduate students, as well as private and public practitioners interested in pharmaceutical and European law.

Foreword

PART I. INTRODUCTION, LEGAL AND ECONOMIC CONTEXT

1. Introduction

Marcel Canoy, Jotte Mulder and Wolf Sauter

2. Excessive pricing doctrine in the pharmaceutical sector: the space for reform

Frederick M. Abbott

3. Evergreening exclusive rights in pharmaceutical products: the case of SPCs, paediatric extensions and orphan drugs

Frantzeska Papadopoulou

4. The economics of patents and innovation in pharma

Marcel Canoy and Matthijs Versteegh

PART II. THE COMPETITION CASES

SECTION IIA PAY FOR DELAY AND PATENT STRATEGIES

5. Settlement agreements acknowledging patent validity in the United Kingdom

Okeoghene Odudu

6. Anticompetitive pharmaceutical patent settlements: the EU cases on pay-for-delay

Jotte Mulder and Wolf Sauter

SECTION IIB. EXCESSIVE PRICING

7. The Aspen case of the Italian Competition Authority

Claudia Desogus

8. Unfair pricing: policy considerations and recent experience in the pharmaceutical sector

Andrew Groves and Lourenço Ventura

9. Temporary dominance and excessive pharmaceutical pricing – CD Pharma (Denmark)

Behrang Kianzad

10. Excessive pricing for pharmaceuticals in the Netherlands: the Leadiant case

Freek Bruggert and Clara Ceulemans

11. The EU Aspen decision: the European Commission’s first excessive pricing decision in the pharmaceutical market

Harald Mische

SECTION IIC. DISPARAGEMENT AND MISLEADING INFORMATION

12. Disparagement: the European Union and France

Adrien Giraud, Juliette Raffaitin and Constance Dobelmann

13. The dissemination of misleading information in the pharmaceutical market: the Italian experience

Margherita Colangelo

SECTION IID. MERGERS AND PARALLEL TRADE

14. EU merger control in the pharmaceutical sector: an overview

Jan Truijens Martinez

15. Taking stock of the single market imperative in the Court’s case law on parallel trade in pharmaceuticals: are matters as settled as they seem?

Jotte Mulder

PART III. FUTURE DIRECTIONS

16. Towards responsive enforcement of EU antitrust in pharmaceuticals

Wolf Sauter

17. Excessive pricing in pharmaceuticals: perspectives from EU antitrust and regulation

Giorgio Monti and Leigh Hancher

18. Tackling grand challenges with competition law: lessons from the pandemic

Ioannis Lianos, Timo Minssen and Christy Kollmar

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