Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse

Normally, after the end of the exclusivity period offered by patents, medicines fall in public domain attracting competing companies to launch generic production that would bring down price levels. for different reasons, generic production of off-patented medicines does not always take place, allowi...

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Bibliographic Details
Main Author: Minn Mari
Format: Article
Language:English
Published: Sciendo 2020-12-01
Series:Baltic Journal of European Studies
Subjects:
eu
Online Access:https://doi.org/10.1515/bjes-2020-0023
Description
Summary:Normally, after the end of the exclusivity period offered by patents, medicines fall in public domain attracting competing companies to launch generic production that would bring down price levels. for different reasons, generic production of off-patented medicines does not always take place, allowing the main producer to continue dictate price levels. under some circumstances, this conduct may turn into exploitative abuse. However, excessive pricing itself is not anti-competitive unless other cost-and non-cost-related factors are present that turn excessive pricing a concern of competition law.
ISSN:2228-0596