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

I. Introduction The pharmaceutical sector regularly attracts the attention of competition authorities, who note persistently high profits, waves of merger activity, and declining research productivity in the presence of concerns about affordable access to treatments. The reliance on intellectual property rights (IPRs) introduces some complications to the analysis of pharmaceutical markets, as the welfare losses associated with entry barriers and high prices must be balanced against the dynamic effects of innovation incentives. In addition, the manner in which the pharmaceutical industry is regulated in Europe – with a mix of pan-EU and national policies and institutions – can lead to challenges in reconciling the goal of a “single market” with national needs, and in using competition law

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Margaret Kyle, Competition in the pharmaceutical sector: An overview of EU and national case law, 13 December 2018, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 88600

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