Limiting pharmaceutical parallel trade in the European Union: regulatory and economic justifications

Author (Person)
Series Title
Series Details Vol.36, No.3, June 2011, p385-404
Publication Date June 2011
ISSN 0307-5400
Content Type

Examines the economic and regulatory justifications for not finding limitations of parallel trade in the EU pharmaceutical industry unlawful in themselves.

Reviews the regulatory systems used by Member States, how such diversity increases parallel trade, and the scale of research and development costs in the pharmaceutical sector. Analyses the welfare effects of parallel trade, EU case law concerning limitations of such trade in the pharmaceutical industry, the economic justifications considered by the courts and whether market integration should be prioritised over consumer welfare.

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