Publications

Authors:

Danieli, Diletta

Title:

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

Year:

2021

Type of item:

Articolo in Rivista

Tipologia ANVUR:

Articolo su rivista

Language:

Inglese

Format:

A Stampa

Referee:

Sì

Name of journal:

HEALTH ECONOMICS, POLICY AND LAW

ISSN of journal:

1744-1331

N° Volume:

16

Number or Folder:

1 (Special Issue)

Page numbers:

64-75

Keyword:

Abuse of dominance, EU competition law, excessive prices, pharmaceutical pricing regulation

Short description of contents:

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 offpatent 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.

Product ID:

114655

Handle IRIS:

11562/1018620

Last Modified:

November 16, 2022

Bibliographic citation:

Danieli, Diletta, Excessive pricing in the pharmaceutical industry: adding another string to the bow of EU competition law «HEALTH ECONOMICS, POLICY AND LAW» , vol. 16 , n. 1 (Special Issue) , 2021 , pp. 64-75

Consulta la scheda completa presente nel repository istituzionale della Ricerca di Ateneo