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The AstraZeneca Case. Research Papers in Law, 4/2007

Negrinotti, Matteo Pierangelo (2007) The AstraZeneca Case. Research Papers in Law, 4/2007. UNSPECIFIED.

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    Abstract

    Introduction. On June 2005, after a five year investigation, the Commission imposed a 60 millions euros fine on AstraZeneca (hereinafter AZ) for having abused its dominant position in several Member States in the market for proton-pump inhibitors (PPI)2. It was alleged that AZ misused the patent system and procedures for marketing pharmaceuticals to block or delay the entry of generic competitors and parallel traders to its ulcer drug Losec3. This decision is a seminal one. The political and legal importance of the CFI judgment that will review the case (and the ECJ appeal that is likely to follow) cannot be understated. On the one hand the incentive to innovate and to undertake R&D is at stake, on the other, the uncertain boundaries between competition and intellectual property law should once again be explored. In contrast to the US, where many cases concerning the abuse of regulatory and governmental procedures have already been dealt with competition authorities and courts, it is the first time in Europe that such conduct is subject to scrutiny through an anti-trust lens. Moreover, following the appeal brought by AZ against the Commission decision, the CFI will be confronted for the first time with an abuse of a dominant position in the pharmaceutical sector, which explains why this judgment is eagerly anticipated4.

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    Item Type: Other
    Uncontrolled Keywords: Pharmaceutical industry.
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > competition policy
    EU policies and themes > Policies & related activities > intellectual property
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law) > compliance/national implementation
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > College of Europe (Brugge) > Research Papers in Law
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 01 Oct 2013 14:33
    Number of Pages: 14
    Last Modified: 01 Oct 2013 14:33
    URI: http://aei.pitt.edu/id/eprint/44296

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