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Anticompetitive practices in the pharmaceutical sector: An overview of EU and national case law

The Pharmaceutical sector remains under scrutiny of the competition authorities. Since 2014, a large range of practices has been sanctioned, especially with regard to article 102 of the TFEU prohibiting abuses of dominant position. In particular, competition authorities are increasingly vigilant in sanctioning the originators tempted to limit the competition of generics manufacturers, in line with the EU Commission 2009 Communication [1]. Competition authorities also appraise the impact of the prices of the pharmaceutical products and medical devices on the public spending on healthcare services. The 2014 Report of the OECD regarding competition issues in the distribution of pharmaceutical products finally underlines the necessity to enhance competition in this sector [2]. The

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Evelyne Friedel, Mathias Kuhn, Anticompetitive practices in the pharmaceutical sector: An overview of EU and national case law, 14 June 2017, e-Competitions Bulletin Pharma & Anticompetitive practices, Art. N° 84289

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