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EU Competition Law and Practices Hindering Market Entry of Drugs
Křešová, Karolína ; Šmejkal, Václav (advisor) ; Svobodová, Magdaléna (referee)
EU Competition Law and Practices Hindering Market Entry of Drugs This thesis deals with the legality of pharmaceutical companies' practices that hinder market entry of drugs, whether within the intra-brand or inter-brand competition, from the EU competition law perspective. The aim of this thesis is to introduce the reader to the issue of different practices aimed at limiting parallel trade and also at delaying or complete prevention of the market entry of a new competing drug, and also to assess whether the competition authorities have established clear guidance on the performance of these practices, i.e. whether they are clearly set boundaries between acceptable restriction of competition which can be justified and distortion which cannot be allowed. For the purpose of this assessment, the relevant decisions of the European Commission and the CJEU are analyzed, identifying the key factors on which the competition authorities place emphasis when assessing the compliance of such practices with the EU competition law, and general conclusions are drawn from these key factors to determine whether there is a sufficient degree of legal certainty for pharmaceutical companies engaging in these practices. The thesis is divided into six chapters, of which chapters three, four and five form the main part....
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