Η καταχρηστική εκμετάλλευση δεσπόζουσας θέσης στην ευρωπαϊκή αγορά φαρμάκου

Διαμαντή, Στέλλα

Master Thesis

Author

Διαμαντή, Στέλλα

Date

2024-03-26

Abstract

The thesis explores the depths of an extremely timely and significant topic – the abuse of dominant position in the European pharmaceutical market. The pharmaceutical industry is a cornerstone of health and society, and thus, market balance represents a vital part of socio-economic transactions. Through this work, the mechanism of abuse of dominant position will be analyzed, focusing on the European pharmaceutical market. Using rich material from the case law of the European Commission, specific examples of abuse cases will be highlighted, providing a clear picture of practices that threaten the apparent balance in the sector. The decisions of the European Commission, examined in detail, are the very seals that determine the direction of the pharmaceutical industry in the European Union. Based on these decisions, a detailed analysis of one of the most influential decisions will be attempted, revealing its impact on the pharmaceutical sector and public health. The aim of this work is to provide a comprehensive understanding of the phenomenon of abuse of dominant position in the pharmaceutical sector, while also highlighting the importance of legal efforts to address these issues. Based on the essence of the work, it will be understood that the abuse of dominant position poses a challenge to the health sector but also an opportunity for improving legal instruments and supervision mechanisms. We hope that this work will highlight the complexity of the relationship between the pharmaceutical industry and legislation, inviting the reader to explore the different pieces of the puzzle and to realize the need for continuous evolution and adaptation in the field of pharmaceutical production and distribution. More specifically, the first chapter provides an overview of the pharmaceutical market in Europe, emphasizing the value of this commodity and analyzing some basic characteristics and circulation requirements. In the second chapter, an introduction to the field of free competition is provided, focusing on its foundations, the institutional bodies surrounding it, the institutional framework supporting it, as well as its connection to the European market, specifically that of pharmaceuticals. The third chapter delves into more technical issues, providing the definition of dominant position, the criteria for its existence, the consequences it may bring, and its relationship with the relevant market. The fourth chapter connects the third chapter with the pharmaceutical sector and analyzes empirical examples and the case law of the Commission on the topic of abuse of dominant position by pharmaceutical companies, bringing to light many legal examples. In the fifth and final chapter, the decision of the Commission COMP/A. 37.507/F3 – AstraZeneca is extensively presented, which serves as a legal basis for cases of abuse of dominant position in the pharmaceutical sector. Finally, in the conclusion of the thesis, the conclusions of this research are provided.

Postgraduate Studies Programme

Δίκαιο και Οικονομία

Department

Σχολή Οικονομικών, Επιχειρηματικών και Διεθνών Σπουδών. Τμήμα Οργάνωσης και Διοίκησης Επιχειρήσεων

Number of pages

121

Language

Greek

URI

https://dione.lib.unipi.gr/xmlui/handle/unipi/16365
http://dx.doi.org/10.26267/unipi_dione/3787

Collections

Τμήμα Οργάνωσης και Διοίκησης Επιχειρήσεων

Show full item record

Except where otherwise noted, this item's license is described as
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα