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

Author

Listed:
  • Minn Mari

    (Department of Law, Tallinn University of Technology, Akadeemia tee 3 Tallinn 12618, Estonia)

Abstract

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.

Suggested Citation

  • Minn Mari, 2020. "Excessive Pricing of Pharmaceuticals in the EU: Balancing between Exploitation and Exploitative Abuse," TalTech Journal of European Studies, Sciendo, vol. 10(3), pages 91-108, December.
    • Handle: RePEc:vrs:bjeust:v:10:y:2020:i:3:p:91-108:n:3
    DOI: 10.1515/bjes-2020-0023
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