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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| Format: | Article |
| Language: | English |
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Sciendo
2020-12-01
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| Series: | Baltic Journal of European studies |
| Subjects: | |
| Online Access: | https://doi.org/10.1515/bjes-2020-0023 |
| _version_ | 1818345076088111104 |
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| author | Minn Mari |
| author_facet | Minn Mari |
| author_sort | Minn Mari |
| collection | DOAJ |
| 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. |
| first_indexed | 2024-12-13T16:56:37Z |
| format | Article |
| id | doaj.art-c1be8bb9c86a4fe19a0a8802ece62860 |
| institution | Directory Open Access Journal |
| issn | 2228-0596 |
| language | English |
| last_indexed | 2024-12-13T16:56:37Z |
| publishDate | 2020-12-01 |
| publisher | Sciendo |
| record_format | Article |
| series | Baltic Journal of European studies |
| spelling | doaj.art-c1be8bb9c86a4fe19a0a8802ece628602022-12-21T23:37:53ZengSciendoBaltic 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 |
| 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 |
| title | 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_short | 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 |
| 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 |