The abuse of dominant position by pharmaceutical companies

Postgraduate Thesis uoadl:2935559 14 Read counter

ΠΜΣ Εμπορικό Δίκαιο
Κατεύθυνση Άυλα Αγαθά και Ανταγωνισμός
Deposit date:
Tatsi Vasiliki
Supervisors info:
1. Αλεξάνδρα Μικρουλέα, Αν. Καθ. Νομικής Σχολής Αθηνών ΕΚΠΑ
2. Ευθυμία Κινινή, Επικ. Καθ. Νομικής Σχολής Αθηνών ΕΚΠΑ
3. Εμμανουήλ Μαστρομανώλης, Επικ. Καθ. Νομικής Σχολής Αθηνών ΕΚΠΑ
Original Title:
Η κατάχρηση δεσπόζουσας θέσης εκ μέρους των φαρμακευτικών επιχειρήσεων
Translated title:
The abuse of dominant position by pharmaceutical companies
The purpose of this thesis is to investigate the conditions of competition prevailing in the market of the medicinal products and further to examine the abusive - non-pricing - behavior of companies with a dominant position in the light of Article 102 of the Treaty on the Functioning of the European Union and the relevant national provisions of the Member States as well as the drawing of conclusions.
The pharmaceutical companies, as "market players", operate in specially designed conditions of competition, which differ significantly, in relation to others, in terms of supply and demand, but also coexistence of competition law and regulation. The importance of providing affordable and new effective drugs make it necessary to have a - partly - regulated market, so that new effective drugs are not sacrificed on the altar of business interest. At the same time, however, it is necessary to ensure the action of companies based on their financial interests, so that investments in research and development for new drugs continue.
Therefore, this thesis discusses the issue of dealing with the abusive behavior of companies as a result of their efforts to maintain a significant competitive advantage and market power, as well as the concerns that arise regarding the maintenance of a strong market position at the expense of generic pharmaceutical companies. Moreover, as has already been judged by case law, the abuse of a dominant position by pharmaceutical companies can take various forms of pricing or non-pricing, which work to the detriment of their competitors but also to the detriment of competition in general.
Finally, there are some concerns about the coexistence of administrative regulations and the competition law, given that the smooth operation of the pharmaceutical industry under conditions of healthy competition, in addition to being considered an absolute priority throughout the European Union and globally, is crucial to ensure patients' access to affordable and innovative medicines.
Main subject category:
Law and Legislation
Other subject categories:
Law of Competition
Commercial Law
abuse of dominant position, pharmaceutical companies, competition law, drugs/medicinal products
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