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

1. Introduction This paper aims to describe abuses of dominant position in the pharmaceutical sector. Pharmaceutical companies are particularly exposed to this type of infringement because they are often in a dominant position with regard to innovative products, as medicinal products are covered by patent protection which, as is widely known, guarantees a legal monopoly on this type of product for a certain period of time. The relationship between the pharmaceutical sector and antitrust rules has often been conflicting. Strict regulation, IP rules, non-homogeneity of medicinal products, information asymmetries between manufacturers, prescribers, patients and public health systems, and the importance of research, make it difficult to identify the usual competition market schemes in

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Sara Lembo, Giulio Matarazzi, Dominance in the pharmaceutical sector: An overview of EU and national case law, 11 June 2015, e-Competitions Bulletin Pharma & Dominance, Art. N° 73506

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