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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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
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spelling doaj-c1be8bb9c86a4fe19a0a8802ece628602021-07-01T05:21:49ZengSciendoBaltic Journal of European Studies2228-05962020-12-011039110810.1515/bjes-2020-0023Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative AbuseMinn Mari0Department of Law, Tallinn University of Technology, Akadeemia tee 3 Tallinn 12618, EstoniaNormally, 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.https://doi.org/10.1515/bjes-2020-0023balancing competition laweuexploitative abusepharmaceuticalspatents
collection DOAJ
language English
format Article
sources DOAJ
author Minn Mari
spellingShingle Minn Mari
Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse
Baltic Journal of European Studies
balancing competition law
eu
exploitative abuse
pharmaceuticals
patents
author_facet Minn Mari
author_sort Minn Mari
title Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse
title_short Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse
title_full Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse
title_fullStr Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse
title_full_unstemmed Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse
title_sort excessive pricing of pharmaceuticals in the eu: balancing between exploitation and exploitative abuse
publisher Sciendo
series Baltic Journal of European Studies
issn 2228-0596
publishDate 2020-12-01
description 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.
topic balancing competition law
eu
exploitative abuse
pharmaceuticals
patents
url https://doi.org/10.1515/bjes-2020-0023
work_keys_str_mv AT minnmari excessivepricingofpharmaceuticalsintheeubalancingbetweenexploitationandexploitativeabuse
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