Chapter 17: Goals of Union Competition Law on Regulated Markets: Pharmaceutical Industry and Parallel Trade – Comment on Negrinotti
Luboš Tichý* 1 INTRODUCTION These short remarks serve as a brief analysis of the recent development in the evaluation of limitations to parallel business in regards to competition rules. This is an issue concerning the basic orientation of the competition law of the European Union. At its foundation lies the question to what extent it is necessary to take into consideration the welfare of the consumer as one of the main goals or even as the single main goal of competition rules in the application and focus of the rules, on the one specific market, which is, especially in regards to the interest of the final consumer, regulated by the individual states – the market of pharmaceutical products. The focus of our analysis is on the decisions of the European Commission, the Tribunal and the European Court of Justice of recent years.1 I will conduct the analysis against the backdrop of existing judicature, as well as of the basic values of the competition law of the Union. I will proceed by first delineating the basic framework of values in which the competition rules function (section 2). I will deal with the basic orientation of competition law and competition policy: their goals and the relationship of competition rules with the fundamental freedoms of the EU (section 3). Then I will verify two relevant aspects (sections 4 and * Prof Dr, Director of the Centre for Comparative Law of the Charles University in Prague. 1 Case T-168/01, GlaxoSmithKline v Commission; Joined cases C-501/06, C-513/06,...
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