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EU Competition Law and Pharmaceuticals

EU Competition Law and Pharmaceuticals

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781802204407
  • 出版时间 November 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,339.50

¥1,299.32 Save ¥40.19 (3%)

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  • 描述 
  • 大纲 
  • 详细

    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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