The EC Sector Inquiry Into Pharmaceuticals: Quo Vadis, Commission?

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Luc Gyselen, Feb 26, 2009

This article will focus on the Commission’s antitrust enforcement agenda and examine two questions. First, why does the Report in spite of repeated disclaimers that it does not contain any finding of wrongdoing create the impression that the pharmaceutical companies engage in many practices that are unlawful (infra Section 1)? Second, which antitrust policy principles should guide the Commission in any future enforcement action under Art. 81 and Art. 82 EC (infra Section 2)?