Download or read book Impediments to Parallel Trade in Pharmaceuticals Within the European Community written by Commission of the European Communities. Directorate General for Competition and published by . This book was released on 1992 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Impediments to Parallel Trade in Pharmaceuticals Within the European Community written by and published by . This book was released on 1992 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Parallel Trade in Europe written by Christopher Stothers and published by Hart Publishing. This book was released on 2007-04-02 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are parallel importers the key to unlocking the single European market, breaking down long-established national barriers for the benefit of all? Or do they instead just operate in a dubious "grey market", free-loading on the investment of innovators and brand owners to the ultimate detriment of future investment? Parallel importers are in turn lionized and demonized, both in legal commentary and in the mainstream press. Trade is economically possible whenever the price of a particular product is higher in one area than in another. However, in the real world, trade will only occur if this price differential is sufficient to cover the costs of the trader together with a sufficiently attractive margin of profit. Some costs can be viewed as barriers to trade which result in an economically imperfect allocation of resources across the world. They can also operate as a waste of resources. Various attempts have been made to reduce unnecessary barriers, encouraging trade, and reducing waste - the clearest example being the WTO, which is dedicated to eliminating barriers to trade. Regional trading areas, such as the European Community share these goals, along with certain other aims. Although many barriers have already been removed, the process is far from complete. Parallel trade occurs when goods are manufactured by one party (the manufacturer) and put onto the market in country A but are then imported into country B by a second party (the parallel importer). The manufacturer may have manufactured the goods and/or put them on the market in country A directly or through third parties, but the distinguishing feature of parallel trade is that the manufacturer did not intend the goods to end up in country B. Parallel trade normally occurs when the manufacturer sells the goods in question in both countries (thus the trade is "parallel" to the main trade organized by the manufacturer) but the price of the goods in country A is lower than the price in country B. However, it may also occur when the manufacturer does not sell in country B at all, or does not sell sufficient quantities there. The goods are typically described in country B as "parallel imports" or "grey market goods." Understanding how EC law operates to restrict parallel trade involves exploring a complex matrix of different rules derived from the different fields of competition, free movement, and intellectual property, together with their corresponding private and public enforcement regimes, as well as the relationship with other external regimes. Author Christopher Stothers' comprehensive treatment of the subject successfully casts light on this difficult topic and is set to become the definitive work of reference in the area.
Download or read book Strategic Responses to Parallel Trade written by Margaret K. Kyle and published by . This book was released on 2007 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines how pharmaceutical firms have responded to changes in intellectual property rights and trade barriers that legalized "parallel imports" within the European Union. The threat of arbitrage by parallel traders reduces the ability of firms to price discriminate across countries. Due to regulations on price and antitrust law on rationing supply, pharmaceutical firms may rely on non-price responses. Such responses include differentiation of products across countries and selective "culling" of product lines to reduce arbitrage opportunities, as well as raising arbitrageurs' costs through choice of packaging. Using a dataset of drug prices and sales from 1993-2004 covering 30 countries, I find evidence that the behavior of pharmaceutical firms in the EU with respect to their product portfolios is consistent with attempts to reduce parallel trade. This may at least partially explain why parallel trade has not yet resulted in significant price convergence across EU countries. Accounting for non-price strategic responses may therefore be important in assessing the welfare effects of parallel imports.
Download or read book The Parallel Importation of Trade marked Pharmaceuticals Within the European Union written by Despina Samara and published by . This book was released on 2005 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this thesis is to shed light into pharmaceutical regulation and trade-mark jurisprudence concerning parallel imports of pharmaceuticals. What is different about the present discussion on trade-marked goods is that it deals with "special goods", that is, pharmaceutical products. The special characteristics of the products under consideration are emphasised throughout this thesis with an extensive analysis of pharmaceutical regulation relating to pricing and reimbursement, marketing, packaging, labelling and naming requirements for medicines in the EU. Owing to pharmaceutical regulation's only partially harmonised nature, there is no common market for Pharmaceuticals in the EU as yet. -- The present analysis focuses on both pharmaceutical regulation and trade-mark jurisprudence on parallel-imported pharmaceuticals in order to examine how the two regimes have developed through the years in relation to pharmaceutical parallel imports. In a sense, this thesis is an examination of the legal responses to five strategies used by pharmaceutical companies to prevent parallel importation: (i) reliance on national trade-mark rights; (ii) reliance on the guarantee function of trade marks to prevent repackaging; (iii) use of different names for the same medicine; (iv) use of contractual terms in the distribution system; and (v) refusal to supply. -- The analysis shows that even if pharmaceutical regulation and trademark jurisprudence operate under different mandates-the first, to protect public health (public law concerns) and the second, to safeguard the interests of trademark owners (private law considerations)-they have developed in parallel and have been influenced by each other. In effect, the recent reform of pharmaceutical regulation means that repackaging, relabelling and rebranding practices will become less and less necessary, and hence likely, in the future.
Download or read book Parallel Imports of Pharmaceutical Products in the European Union written by Mattias Ganslandt and published by . This book was released on 2001 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parallel imports are legitimately produced goods imported legally into a country without the authorization of a trademark, copyright, or patent holder. In the European Union, so long as a pharmaceutical manufacturer has placed a good on the market voluntarily, the principle of free movement of goods allows individuals or firms within the EU to trade goods across borders without the consent of the producer. What is the effect of these parallel imports?
Download or read book EU Law of Competition and Trade in the Pharmaceutical Sector written by Pablo Figueroa and published by Edward Elgar Publishing. This book was released on 2019 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic analysis of the law and practice of EU competition and trade in the pharmaceutical sector. Authored by leading private practitioners, economists, scholars and high-level officials at competition regulators, this work provides valuable insider knowledge on the application of law and policies to the pharmaceutical industry. The work contains extensive commentary on the legislation and the latest case law and administrative precedents in this sector, at both EU and national level, including certain significant jurisdictions (e.g., the US, China). Coverage of various key developments includes the recent pay-for-delay antitrust investigations, the perennial issues around parallel trade, and an examination of mergers among pharmaceutical companies and medical devices manufacturers. In addition to the legal analysis, it offers vital economic and business perspectives to ensure that the reader has the full range of tools with which to prepare for cases and conduct transactions within the pharmaceutical industry.
Download or read book The Economic Impact of Pharmaceutical Parallel Trade in European Union Member States written by Panos Kanavos and published by . This book was released on 2004 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research on 6 product categories accounting for 21% of the brand retail market for pharmaceuticals in 6 European countries, reveals the following about parallel imports and their impact on the various stakeholders: - Direct savings accruing to statutory health insurance organisations from the conduct of parallel trade are modest both in absolute and relative terms. - Parallel traders are the main beneficiaries of parallel trade; their direct maximum benefits in 2002 exceeded considerably those accruing to statutory insurance. These benefits invisible. - No (measurable) direct benefits accrue to patients due to the structure of user charges in the study countries. - Some measurable direct benefits accrue to pharmacists in countries where incentives exist to dispense parallel-imported medicines or where direct discount negotiations between pharmacists and wholesalers are allowed. Hardly any evidence is found on price competition or price convergence between locally sourced and parallel-imported products over the 1997-2002 period in the six study countries.
Download or read book Pharmaceutical Parallel Trade in the UK written by Panos Kanavos and published by Basic Civitas Books. This book was released on 2005-01-01 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Parallel Trade in Pharmaceuticals Within the European Union is Restriction Possibile written by Bodrogi Tímea and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Parallel Trade in Pharmaceuticals By Jacob Arfwedson written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 16 One of the underlying objectives of TRIPS is that it "should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations" (Art. [...] public safety The discussion on the price of new medicines frequently overlooks the regulatory impact, however, a large part of the final cost may be attributed to the number and length of compulsory clinical tests, as well as to the relative efficiency of the authorities in charge of approving new drugs. [...] The European Union In the EU, the legal foundation of parallel trade (or parallel distribution) is found in Articles 30 and 36 of the Treaty of Rome, which authorise the free movement of goods and confer the right to control the import of goods by national governments, provided the products are not harmful or pose a threat to the public. [...] Indeed, in the case of certain products the original manufacturer has lost almost all of its domestic sales due to parallel imports.69 This may have far-reaching consequences for the employees in the concerned company, as pointed out in the IHE survey: when most of the sales are represented by re-imports, employees lose the incentive to market and provide information about the product as the benef. [...] The report identifies four major problems that confirm the importance of the issues already discussed above: 1 - in view of the illnesses involved, the threats of re-imports will be greater for the products not covered by the EU regulation; therefore, the provisions may aggravate the problems it aims at solving; 2 - the countries in the draft regulation, e.g.
Download or read book Parallel Trade in Prescription Medicines in the European Union written by Ian S. Forrester and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the economic reality, which is increasingly confirmed by relevant judicial authorities, we submit that hindering parallel trade in prescription medicines does not damage patients and national health budgets.It is therefore to be welcomed that both Community and national case law has confirmed that pharmaceutical companies are entitled to adopt measures responding to - but not prohibiting or eliminating - parallel trade, and such measures are not contrary to the EC competition rules. Parallel traders had previously been free-riding on case law which referred to sectors and cases that bore no relation to the special features of the European prescription medicines sector. To the extent there is an assumption that parallel trade in Europe safeguards intra-brand competition, the recent case law does not call this assumption into question: on the contrary, it confirms it, while noting that this assumption is inapplicable to the prescription medicines sector in Europe precisely because of that sector's very specific features. It is therefore to be hoped that the long-running obsession of European competition law with parallel trade in prescription medicines may (at last) be coming to an end.
Download or read book Competition and Innovation in the EU Regulation of Pharmaceuticals written by Claudia Desogus and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with parallel trade of pharmaceuticals from a law and economics perspective. Traditionally, restrictions to parallel trade were regarded negatively because they ran against the rules of the EU internal market. However, in recent judgments (Bayer, Glaxo, and Syfait), EU courts questioned some of the legal principles underpinning the EU policy on parallel trade in the field of pharmaceuticals. This shift suggested that there might be scope for improvement of such policy. However, how and to what extent this change should be performed remained partially unclear. Through the analysis of the impact that parallel trade of pharmaceuticals has on consumer welfare, both in a static and in a dynamic sense, this book examines whether the current legal approach to parallel trade of pharmaceuticals reflects the findings of economic theory, whether it should change, and, if so, on what basis this adjustment should take place. The analysis not only provides a policy assessment, but also offers some insights on one of the issues debated within the process of modernization of EU competition law: how judges should integrate economic reasoning in the antitrust assessment of corporate practices. The book will be particularly useful both for practitioners and legal scholars who want deepen their understanding of the EU pharmaceutical market and of the most recent EU judicial developments in that field, as well as of their implications for EU competition law in a 'modernized' context.
Download or read book State Aids in the European Union for the Pharmaceutical Industry written by Shaun Khullar and published by . This book was released on 2006 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the Internal Market and the methods used to achieve it. Examines the techniques utilized by the European Union institutions in attempting to achieve a single market for pharmaceutical products. Discusses the limited effect of the Transparency Directive and of parallel trade in facilitating the attainment of a single market for pharmaceuticals. Explains the inefficiencies created by the promotion of parallel imports of pharmaceuticals; inefficiencies very specific to the pharmaceutical industry because pharmaceutical pricing competence remains at the national level. Highlights judicial inadvertence to these specific inefficiencies in interpreting Articles 30, 81 and 82 of the Treaty establishing the European Community by presenting recent jurisprudence of the European Union courts. Argues that the use of state aids to fund the research and development activities of the pharmaceutical industry could effectively minimize the parallel importation of pharmaceuticals and assist in harmonizing national pharmaceutical price control policies.
Download or read book Parallel Imports of Pharmaceutical Products in the European Union written by Mattias Ganslandt and published by . This book was released on 2016 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Eu Law and Life Sciences written by Peter Bogaert and published by . This book was released on 2014 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises 12 chapters authored by Covington & Burling lawyers. These chapters cover key areas of EU law that impact the life sciences industry, including the specific regulatory obligations that apply to life sciences companies, EU competition rules, EU data protection rules and the laws governing bribery. Each chapter is authored by one or several leading specialists of the subject matter discussed. EU Law and Life Sciences aims at providing in house counsel in life sciences firms, regulators, and lawyers with a comprehensive view of the complex set of rules that affect the business of life sciences companies. It combines theoretical insights with practical advice.
Download or read book Health Policy and European Union Enlargement written by Mckee and published by McGraw-Hill Education (UK). This book was released on 2004-04-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: While there may be consensus on the broader issues of the core objectives of the health care system, expectations differ between EU countries, and European national policy-makers. This book seeks firstly to assess the impact of the enlargement process and then to analyse the challenges that lie ahead in the field of health and health policy.
