Excessive pricing in the pharmaceutical industry: adding another string to the bow of EU competition law

2020 ◽  
pp. 1-12
Author(s):  
Diletta Danieli
Keyword(s):  
European Union ◽  
Pharmaceutical Industry ◽  
Competition Law ◽  
Pharmaceutical Companies ◽  
Health Law ◽  
The European Union ◽  
The United Kingdom ◽  
Eu Competition Law ◽  
Policy Objectives ◽  
The Eu

Abstract The paper addresses the issue of excessive price abuse under Article 102(a) of the Treaty on the Functioning of the European Union (TFEU), by drawing inspiration from a recent stream of cases (developed first at the national and then at the EU level) involving pharmaceutical companies marketing off-patent drugs. In particular, the two ‘most advanced’ cases are analysed: Aspen in Italy and Pfizer/Flynn in the United Kingdom. This new-found attention towards exploitative practices in the form of excessive and unfair pricing by dominant undertakings that have traditionally been subject to a cautious antitrust scrutiny seems worth exploring for a number of reasons, as illustrated in the paper. Ultimately, it is argued that this further ‘interference’ of competition law into the realms of regulation may be actually justified, albeit subject to precise conditions for enforcement, and may pursue policy objectives in the wider context of EU health law.

scholarly journals Consequences of Brexit on the competition law and policy of the United Kingdom and the European Union

2021 ◽  
Vol 60 (91) ◽  
pp. 191-210
Author(s):  
Aleksandar Mojašević ◽  
Stefan Stefanović
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Competition Law ◽  
The European Union ◽  
The United Kingdom ◽  
Law And Policy ◽  
Eu Competition Law ◽  
The Uk ◽  
The Eu ◽  
Cartel Policy

The subject matter of this paper are the short-term and long-term consequences of Brexit, a historical event and a turning point in the development of the European Union (EU), as well as for the United Kingdom (UK) and the EU competition law and policy. The article first provides a comparative analysis of the historical development of legal regulation of competition in the UK and the EU, including relevant cases from the practice of competition authorities. In particular, the authors focus on the decisions of the European Commission regarding anti-cartel policy. The article further examines to what extent Brexit will influence the mergers and acquisitions policy, antitrust policy, anti-cartel policy, and state aid policy in the UK and the EU. The central question refers to the extent of Brexit's influence on the change of the UK and the EU business environment, and the repercussions that this change will have for the competition law. In the concluding remarks, the authors discuss the direction of future development of the UK competition law, particularly in terms of whether and to what extent the UK law will be harmonized with the EU competition law and case law in this area, or whether there will be a radical turn towards adopting a completely new concept of competition law and policy.

17. Competition Law

2021 ◽  
pp. 717-778
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
The European Union ◽  
The Third ◽  
Merger Regulation ◽  
Eu Competition Law ◽  
The Eu

This chapter assesses the EU competition law on private undertakings. The relevant Treaty section is here built upon three pillars. The first pillar deals with anticompetitive cartels and can be found in Article 101 of the Treaty on the Functioning of the European Union (TFEU). The second pillar concerns situations where a dominant undertaking abuses its market power and is found in Article 102. The third pillar is unfortunately invisible, for when the Treaties were concluded, they did not mention the control of mergers. This constitutional gap has never been closed by later Treaty amendments, yet it has received a legislative filling in the form of the EU Merger Regulation.

13. An introduction to EU competition policy and law

2018 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
Competition Policy ◽  
Competition Law ◽  
Merger Policy ◽  
The European Union ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Eu

This chapter provides an introduction to Competition Policy and law in the European Union (EU). It covers the principal rules of EU competition law, namely Articles 101 and 102 TFEU and also considers the enforcement of the competition law regime and merger policy and regulation in the EU.

scholarly journals The peculiarities of observance of the EU competition law in the conditions of digital environment and the protection of intellectual property rights

2021 ◽  
pp. 29-38
Author(s):  
Irina Viktorovna Shugurova
Keyword(s):  
European Union ◽  
Intellectual Property ◽  
European Commission ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
Digital Environment ◽  
The European Union ◽  
Eu Competition Law ◽  
Comprehensive Examination ◽  
The Eu

The subject of this research is the analysis of interaction between the EU competition law and the intellectual property legislation in the conditions of the development of digital environment. The goal lies in determination of the peculiarities of observance of the EU competition law in the process of implementation and protection of the intellectual property rights. The author dwells on correlation between the principle of free movement of goods and services within the single market and the principle of territorial scope of exclusive rights. Analysis is conducted on the key provisions of the European Commission Regulation, which exclude certain agreements, namely on the transfer of technologies, from the Article 101(3) of the Treaty on the Functioning of the European Union. The main conclusion lies in the theoretical assumption that the EU legal policy in the sphere of competition in the conditions of the development of the Digital Single Market is aimed simultaneously at protection of competition and protection of the potential of innovations. Reaching the balance between the interests of all parties to the market relations would promote innovations and keep the market open. The scientific novelty of this research consists in comprehensive examination of the main approaches of the European Commission and the Court of Justice of the European Union towards settling disputes in the area of licensing, as well possible abuse by the copyright holders of their dominant position in the conditions of development of the digital environment. The author’s main contribution lies in comprehensive examination of the provisions of the Treaty on the Functioning of the European Union on Protection of Competition from the perspective of implementation and protection of exclusive rights.

EU Law Concentrate

2018 ◽  
Author(s):  
Matthew Homewood
Keyword(s):  
European Union ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
Essential Information ◽  
Court Of Justice ◽  
Eu Competition Law ◽  
Free Movement Of Goods ◽  
State Liability ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. EU Law Concentrate provides essential information on all aspects of EU law, starting with the origins, institutions, and sources of law in the EU. It then moves on to consider supremacy, direct and indirect effect, and state liability. Chapter 4 looks at direct actions in the Court of Justice of the European Union. Articles 258–260, 263, 265, 277, and 340 are examined in detail. The next couple of chapters describe the free movement of goods and persons. The book ends with a consideration of EU Competition law, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

EU-Sanktionspolitik in geopolitischen Zeiten: Europas schärfstes Außeninstrument und seine Herausforderungen

IG ◽  
2020 ◽  
Vol 43 (4) ◽  
pp. 278-294
Author(s):  
Niklas Helwig ◽  
Juha Jokela ◽  
Clara Portela
Keyword(s):  
Decision Making ◽  
European Union ◽  
Current Debate ◽  
Global Competition ◽  
The European Union ◽  
The United Kingdom ◽  
Policy Tool ◽  
Restrictive Measures ◽  
Fine Tune ◽  
The Eu

Sanctions are one of the toughest and most coercive tools available to the European Union (EU). They are increasingly used in order to respond to breaches of international norms and adverse security developments in the neighbourhood and beyond. However, the EU sanctions policy is facing a number of challenges related to the efficiency of decision-making, shortcomings in the coherent implementation of restrictive measures, as well as the adjustments to the post-Brexit relationship with the United Kingdom. This article analyses these key challenges for EU sanctions policy. Against the backdrop of an intensifying global competition, it points out the need to weatherproof this policy tool. The current debate on the future of the EU provides an opportunity to clarify the strategic rationale of EU sanctions and to fine-tune the sanctions machinery.

scholarly journals Diversity of education systems in the European Union

2019 ◽  
Vol 55 (3) ◽  
pp. 230-249
Author(s):  
Andrzej Żurawski
Keyword(s):  
Higher Education ◽  
European Union ◽  
General Education ◽  
Educational Systems ◽  
The European Union ◽  
Education Systems ◽  
The United Kingdom ◽  
Eu Policies ◽  
The Impact ◽  
The Eu

Abstract This article explores Bruno Amable’s Diversity of Capitalism approach to analyze educational systems in the European Union (EU28). The main goal is to identify the main clusters of educational systems with regard to their institutional characteristics. Second goal of the analysis is to evaluate the impact of several EU policies and initiatives on the institutional structure of European educational systems. This article identified six clusters in terms of general education and five clusters in terms of higher education systems. The clustering shows, that – with some exceptions (notably the United Kingdom and Ireland) – European education systems have similar structure to other institutional areas, in particular, it confirms the existence of post-communist (in terms of Farkas) or patchwork (in terms of Rapacki et al.) capitalism. The article shows, as well, that subsystem of higher education is much less diverse, what may have a significance for future discussions on the capitalisms in the EU. Results suggests also that there exist significant differences in performance between the clusters, something that may have a crucial importance for an educational policy.

scholarly journals Wpływ wyjścia Zjednoczonego Królestwa z Unii Europejskiej na wspólną politykę bezpieczeństwa i obrony UE

2018 ◽  
Vol 1 (1) ◽  
pp. 103-122 ◽  
Author(s):  
Tomasz Kubin
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
Research Question ◽  
The European Union ◽  
The United Kingdom ◽  
Defence Policy ◽  
The Uk ◽  
The Eu ◽  
Common Security

The exit of the United Kingdom from the European Union (so-called Brexit) is one of the most important events in the process of European integration. It has a lot of extremely remarkable implications – both for the EU and for the United Kingdom. Among other, Brexit will affect the security of the United Kingdom and the EU. The aim of the study is to answer the research question: how will Britain’s exit from the EU influence the EU common security and defence policy? In order to answer this question, the factors that are most relevant to the United Kingdom’s significance for the EU’s security and defence policy will be identified. This will show how the EU’s potential of the security and defence policy will change, when the UK leaves this organisation. The most important conclusions are included in the summary.

Efficiency Analysis of Turkey's Transportation System Using Decision Support Model

2016 ◽  
pp. 61-92
Author(s):  
Adnan Sozen ◽  
Fatih Cipil
Keyword(s):  
European Union ◽  
Decision Support ◽  
Malmquist Index ◽  
Efficiency Analysis ◽  
The European Union ◽  
Railway Transportation ◽  
Decision Support Model ◽  
Decision Support Models ◽  
Policy Objectives ◽  
The Eu

Since the European Union has certain targets and criteria that must be fulfilled by its members, Turkey's situation in transportation compared to the EU member countries (23 countries whose data were accessed) was examined through the approaches of decision support models (Data Envelopment Analysis and Malmquist Index). This study investigates whether Turkey utilizes its road, airway and railway transportation indicators efficiently or not within the framework of the European Union (EU) accession process. In addition, it aims to demonstrate Turkey's current position compared to other EU countries by performing relative efficiency analysis on road, airway and railway transportation indicators. The conclusions of this study will help policymakers to determine Turkey's policy objectives for its integration to the EU in terms of transportation indicators.

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