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The rule of reason under Article 82 EC After Sot Lelos kai Sia

Nguyen, Tu LU ; Minssen, Timo LU and Groussot, Xavier LU (2009)
Abstract
Using Sot. Lelos kai Sia as a starting point, the main purpose of this paper is to investigate the trend of application of the rule of reason under Article 82 EC with respect to a refusal to supply in the European Union (EU) pharmaceutical market. In addition, some procedural issues deriving from this case and Syfait shall be analyzed in the beginning. In the light of that purpose, section 2 of this paper considers procedural concerns raised by those two cases with regard to the functioning of Regulation 1/2003. Section 3 then examines the application of the rule of reason under Article 82 EC to refusal to supply both before and in Sot. Lelos kai Sia. Moreover, section 4 identifies the issues which are still left open by this case. Next,... (More)
Using Sot. Lelos kai Sia as a starting point, the main purpose of this paper is to investigate the trend of application of the rule of reason under Article 82 EC with respect to a refusal to supply in the European Union (EU) pharmaceutical market. In addition, some procedural issues deriving from this case and Syfait shall be analyzed in the beginning. In the light of that purpose, section 2 of this paper considers procedural concerns raised by those two cases with regard to the functioning of Regulation 1/2003. Section 3 then examines the application of the rule of reason under Article 82 EC to refusal to supply both before and in Sot. Lelos kai Sia. Moreover, section 4 identifies the issues which are still left open by this case. Next, section 5 considers potential developments towards a full fledged rule of reason under Article 82. Finally, section 6 draws implications for the pharmaceutical industry. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Working Paper
publication status
submitted
subject
keywords
refusal to supply, Article 82 EC, pharmaceutical sector, parallel trade, EU law, EU-rätt, rule of reason
pages
29 pages
language
English
LU publication?
yes
id
9f6af456-a4e7-45a1-aabc-86749d1322d6 (old id 1438130)
alternative location
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1431010
date added to LUP
2009-07-08 14:25:17
date last changed
2016-04-16 11:34:54
@misc{9f6af456-a4e7-45a1-aabc-86749d1322d6,
  abstract     = {Using Sot. Lelos kai Sia as a starting point, the main purpose of this paper is to investigate the trend of application of the rule of reason under Article 82 EC with respect to a refusal to supply in the European Union (EU) pharmaceutical market. In addition, some procedural issues deriving from this case and Syfait shall be analyzed in the beginning. In the light of that purpose, section 2 of this paper considers procedural concerns raised by those two cases with regard to the functioning of Regulation 1/2003. Section 3 then examines the application of the rule of reason under Article 82 EC to refusal to supply both before and in Sot. Lelos kai Sia. Moreover, section 4 identifies the issues which are still left open by this case. Next, section 5 considers potential developments towards a full fledged rule of reason under Article 82. Finally, section 6 draws implications for the pharmaceutical industry.},
  author       = {Nguyen, Tu and Minssen, Timo and Groussot, Xavier},
  keyword      = {refusal to supply,Article 82 EC,pharmaceutical sector,parallel trade,EU law,EU-rätt,rule of reason},
  language     = {eng},
  note         = {Working Paper},
  pages        = {29},
  title        = {The rule of reason under Article 82 EC After Sot Lelos kai Sia},
  year         = {2009},
}