Antitrust in Pharmaceutical Markets & Geographical Rules of Origin

This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property.

The first part discusses the application of competition law in the pharmaceutical sector, which continues to be a focus for anti-trust authorities around the world. A detailed international report explores the extent to which the application of the competition rules in the pharmaceutical sector should be affected by the specific characteristics of those products and markets (including consumer protection rules, the need to promote innovation, the need to protect public budgets, and other public interest considerations). It provides an excellent comparative study of this complex subject, which lies at the interface between competition law and intellectual property law.

The second part of the book gathers contributions from various jurisdictions on the topic of "What rules should govern claims by suppliers about thenational or geographic origin of their goods or services?" This section presents an international report, which offers an unparalleled comparative analysis of this topic, bringing together common themes and contrasting the various national provisions dealing with indications of origin, amongst other things.

The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues.

Contenu

Part I: Antitrust in Pharmaceutical Markets: International Report by Stephen Dnes.- Australia by Julie Clarke and Barbora Jedlicková.- Austria by Gerhard Fussenegger and Rainer Schultes.- Belgium by Koen T'Syen.- Czech Republic by Kamil Nejezchleb.- France by Liliana Eskenazi, Olivier Freget, Laetitia Ghebali, Clément Hubert, Martina Isola, Nizar Lajnef and Jean-Julien Lemonnier.- Hungary by Gusztav Bacher and András Horváth.- India by Arunabha Ganguli.- Italy by Elisa Teti and Ottavia Raffaelli.- Malta by Clement Mifsud-Bonnici.- Poland by Aleksander Stawicki, Paulina Komorowska and Juliusz Krzyzanowski.- Sweden by Vladimir Bastidas Venegas.- Switzerland by Dominique Guex.- The Netherlands by Cees Jan de Boer and Maria Geilmann.- Ukraine by Viktoriia Gladka and Mariia Baranovych.-United Kingdom by James Bourke.- Part II: Geographical Rules of Origin: International Report by Simon Holzer.- Austria by Christoph Petsch and Michael Meyenburg.- Belgium by Claire Hazée.- Brazil by Felipe Barros Oquendo.- France by Guillaume Couet and Martina Isola.- Germany by Olaf Sosnitza.- Hungary by Ádám Liber.- Japan by Noriko Itai, Kenta Sugimoto and Shigeshi Tanaka.- Malta by Philip Mifsud and Elise Dingli.- Poland by Aleksandra Wedrychowska-Karpinska and Agnieszka Wiercinska-Kruzewska.