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

The pharmaceutical sector stands out as being regularly under the scrutiny of competition authorities throughout Europe and has continued to be a key enforcement priority over the past 18 months, with notable developments in pay-for-delay and excessive pricing cases, as well as on market definition and lifecycle management practices. The importance given to the sector is notably illustrated by the European Commission’s (the “Commission”) publication on 28 January 2019 (close to ten years after its sector enquiry) of a report on the enforcement of competition law in the pharmaceutical sector over the period 2009-2017 [1] (the “Report”). This Report, which aims at addressing the concerns expressed both by the European Council and the European Parliament regarding patients’ access to

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Mélanie Thill-Tayara, Marion Provost, Dominance in the pharmaceutical sector: An overview of EU and national case law, 21 November 2019, e-Competitions Bulletin Pharma & Dominance, Art. N° 88025

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