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Tichy, Lubos --- "Goals of Union Competition Law on Regulated Markets: Pharmaceutical Industry and Parallel Trade – Comment on Negrinotti" [2012] ELECD 417; in Zimmer, Daniel (ed), "The Goals of Competition Law" (Edward Elgar Publishing, 2012)

Book Title: The Goals of Competition Law

Editor(s): Zimmer, Daniel

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857936608

Section: Chapter 17

Section Title: Goals of Union Competition Law on Regulated Markets: Pharmaceutical Industry and Parallel Trade – Comment on Negrinotti

Author(s): Tichy, Lubos

Number of pages: 11

Extract:

17. Goals of union competition law on
regulated markets: pharmaceutical
industry and parallel trade ­
comment on Negrinotti
Lubos Tichý*

1 INTRODUCTION

These short remarks serve as a brief analysis of the recent development in
the evaluation of limitations to parallel business in regards to competition
rules. This is an issue concerning the basic orientation of the competition
law of the European Union. At its foundation lies the question to what
extent it is necessary to take into consideration the welfare of the consumer
as one of the main goals or even as the single main goal of competition
rules in the application and focus of the rules, on the one specific market,
which is, especially in regards to the interest of the final consumer, regu-
lated by the individual states ­ the market of pharmaceutical products.
The focus of our analysis is on the decisions of the European
Commission, the Tribunal and the European Court of Justice of recent
years.1 I will conduct the analysis against the backdrop of existing judi-
cature, as well as of the basic values of the competition law of the Union.
I will proceed by first delineating the basic framework of values in which
the competition rules function (section 2). I will deal with the basic ori-
entation of competition law and competition policy: their goals and the
relationship of competition rules with the fundamental freedoms of the
EU (section 3). Then I will verify two relevant aspects (sections 4 and


* Prof Dr, Director of ...