Excessive Pharmaceutical Prices as an Anticompetitive Practice in TRIPS and European Competition Law

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Standard

Excessive Pharmaceutical Prices as an Anticompetitive Practice in TRIPS and European Competition Law. / Kianzad, Behrang.

New Developments in Competition Law and Economics. ed. / Klaus Mathis; Avishalom Tor. Springer, 2019. p. 197-220.

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Harvard

Kianzad, B 2019, Excessive Pharmaceutical Prices as an Anticompetitive Practice in TRIPS and European Competition Law. in K Mathis & A Tor (eds), New Developments in Competition Law and Economics. Springer, pp. 197-220, 7th Law and Economics Conference in Lucerne, Lucerne, Switzerland, 13/04/2018. https://doi.org/10.1007/978-3-030-11611-8_10

APA

Kianzad, B. (2019). Excessive Pharmaceutical Prices as an Anticompetitive Practice in TRIPS and European Competition Law. In K. Mathis, & A. Tor (Eds.), New Developments in Competition Law and Economics (pp. 197-220). Springer. https://doi.org/10.1007/978-3-030-11611-8_10

Vancouver

Kianzad B. Excessive Pharmaceutical Prices as an Anticompetitive Practice in TRIPS and European Competition Law. In Mathis K, Tor A, editors, New Developments in Competition Law and Economics. Springer. 2019. p. 197-220 https://doi.org/10.1007/978-3-030-11611-8_10

Author

Kianzad, Behrang. / Excessive Pharmaceutical Prices as an Anticompetitive Practice in TRIPS and European Competition Law. New Developments in Competition Law and Economics. editor / Klaus Mathis ; Avishalom Tor. Springer, 2019. pp. 197-220

Bibtex

@inbook{c5442dccc09c4ac987810ed7acd7ab62,
title = "Excessive Pharmaceutical Prices as an Anticompetitive Practice in TRIPS and European Competition Law",
abstract = "The issue of securing access to patented pharmaceutical products has been in the forefront of global legal debate for many years. This debate intensified further following the enactment of the TRIPS agreement and the global enforcement of Intellectual Property Rights such as patents through the World Trade Organization. To combat the problem, compulsory licensing has been forwarded as one solution, though hitherto mainly discussed from the human rights and right to health perspectives. Less attention has been focused on excessive prices of medicines as an anticompetitive practice in and out of themselves, and how competition law and legal-economics theories and models can inform this deadlocked issue.Such a treatment of excessive prices under competition law would constitute a sound legal basis for anti-competetive enforcement such as compuslory licensing but also make other tools available to competition authorities such as fines. This could be done making use of the flexibilities entailed in this regard in the TRIPS agreement context, mainly through article 31(k) and article 40.Shifting focus to the European Competition Law, the notion of “unfair” or excessive prices has been enshrined in article 102 TFEU regarding exploitative pricing abuses by a dominant firm, although the application and enforcement of this has been rather limited in practice. Recent case law and an evoloution of thought regarding competition law and legal-economics theories point however to a possible policy shift in this regard.The paper hence analyses the unlocked potential entailed in competition law in treating excessive pharmaceutical prices as an anticompetitive practice where applicable and discusses the legal-economic theories underpinning this discourse.",
keywords = "Faculty of Law, Excessive Prices, Competition Law, Intellectual Property Law, pharmaceutical policy, Competition policy, patent law, abuse of dominant position, Article 102 TFEU, Excessive pricing, Unfair prices, Unfair Pricing, EU competition law, EU Intellectual Property Law, Legal Economics, Chicago School of Economics, Ordo-liberal Manifesto",
author = "Behrang Kianzad",
note = "Conference Paper for 7th Law and Economics Conference in Lucerne, Switzerland. Forthcoming at Springer Verlag in 2019 in {"}New Developments in Competition Law and Economics{"} edited by Prof. Dr. Klaus Mathis and Prof. Avishalom Tor. ; 7th Law and Economics Conference in Lucerne : New Developments in Competition Law and Economics ; Conference date: 13-04-2018 Through 14-04-2018",
year = "2019",
month = mar,
day = "15",
doi = "10.1007/978-3-030-11611-8_10",
language = "English",
isbn = "9783030116101",
pages = "197--220",
editor = "Mathis, {Klaus } and Tor, {Avishalom }",
booktitle = "New Developments in Competition Law and Economics",
publisher = "Springer",
address = "Switzerland",
url = "https://www.unilu.ch/en/events/archive/7th-law-and-economics-conference-new-developments-in-competition-law-and-economics-3286/",

}

RIS

TY - CHAP

T1 - Excessive Pharmaceutical Prices as an Anticompetitive Practice in TRIPS and European Competition Law

AU - Kianzad, Behrang

N1 - Conference Paper for 7th Law and Economics Conference in Lucerne, Switzerland. Forthcoming at Springer Verlag in 2019 in "New Developments in Competition Law and Economics" edited by Prof. Dr. Klaus Mathis and Prof. Avishalom Tor.

PY - 2019/3/15

Y1 - 2019/3/15

N2 - The issue of securing access to patented pharmaceutical products has been in the forefront of global legal debate for many years. This debate intensified further following the enactment of the TRIPS agreement and the global enforcement of Intellectual Property Rights such as patents through the World Trade Organization. To combat the problem, compulsory licensing has been forwarded as one solution, though hitherto mainly discussed from the human rights and right to health perspectives. Less attention has been focused on excessive prices of medicines as an anticompetitive practice in and out of themselves, and how competition law and legal-economics theories and models can inform this deadlocked issue.Such a treatment of excessive prices under competition law would constitute a sound legal basis for anti-competetive enforcement such as compuslory licensing but also make other tools available to competition authorities such as fines. This could be done making use of the flexibilities entailed in this regard in the TRIPS agreement context, mainly through article 31(k) and article 40.Shifting focus to the European Competition Law, the notion of “unfair” or excessive prices has been enshrined in article 102 TFEU regarding exploitative pricing abuses by a dominant firm, although the application and enforcement of this has been rather limited in practice. Recent case law and an evoloution of thought regarding competition law and legal-economics theories point however to a possible policy shift in this regard.The paper hence analyses the unlocked potential entailed in competition law in treating excessive pharmaceutical prices as an anticompetitive practice where applicable and discusses the legal-economic theories underpinning this discourse.

AB - The issue of securing access to patented pharmaceutical products has been in the forefront of global legal debate for many years. This debate intensified further following the enactment of the TRIPS agreement and the global enforcement of Intellectual Property Rights such as patents through the World Trade Organization. To combat the problem, compulsory licensing has been forwarded as one solution, though hitherto mainly discussed from the human rights and right to health perspectives. Less attention has been focused on excessive prices of medicines as an anticompetitive practice in and out of themselves, and how competition law and legal-economics theories and models can inform this deadlocked issue.Such a treatment of excessive prices under competition law would constitute a sound legal basis for anti-competetive enforcement such as compuslory licensing but also make other tools available to competition authorities such as fines. This could be done making use of the flexibilities entailed in this regard in the TRIPS agreement context, mainly through article 31(k) and article 40.Shifting focus to the European Competition Law, the notion of “unfair” or excessive prices has been enshrined in article 102 TFEU regarding exploitative pricing abuses by a dominant firm, although the application and enforcement of this has been rather limited in practice. Recent case law and an evoloution of thought regarding competition law and legal-economics theories point however to a possible policy shift in this regard.The paper hence analyses the unlocked potential entailed in competition law in treating excessive pharmaceutical prices as an anticompetitive practice where applicable and discusses the legal-economic theories underpinning this discourse.

KW - Faculty of Law

KW - Excessive Prices

KW - Competition Law

KW - Intellectual Property Law

KW - pharmaceutical policy

KW - Competition policy

KW - patent law

KW - abuse of dominant position

KW - Article 102 TFEU

KW - Excessive pricing

KW - Unfair prices

KW - Unfair Pricing

KW - EU competition law

KW - EU Intellectual Property Law

KW - Legal Economics

KW - Chicago School of Economics

KW - Ordo-liberal Manifesto

U2 - 10.1007/978-3-030-11611-8_10

DO - 10.1007/978-3-030-11611-8_10

M3 - Book chapter

SN - 9783030116101

SP - 197

EP - 220

BT - New Developments in Competition Law and Economics

A2 - Mathis, Klaus

A2 - Tor, Avishalom

PB - Springer

T2 - 7th Law and Economics Conference in Lucerne

Y2 - 13 April 2018 through 14 April 2018

ER -

ID: 203010018