Parallel trade of pharmaceutical products : the ECJ finally speaks — comment on GlaxoSmithKline

Petrucci, C

Abstract

This article reviews the ECJ’s judgment in GlaxoSmithKline that overturned some important findings of the CFI’s decision. It criticises the longstanding problematic distinction between anti-competitive object and effect and, in particular, whether distribution agreements that limit parallel trade fit into the category of agreement having an anti-competitive object. Given that the ECJ’s decision reasserted a multi-goal approach to EU competition law, it is argued that the judgment leaves some issues unresolved. Similarly, the issues of the effects of price regulation and research and development (R&D) funding have not been dealt with adequately.

Citation

Petrucci, C. (2010). Parallel trade of pharmaceutical products : the ECJ finally speaks — comment on GlaxoSmithKline. European Law Review, 275-286

• Journal Article Type: Article
• Publication Date: Jan 1, 2010
• Deposit Date: Nov 15, 2011
• Journal: European Law Review
• Print ISSN: 0307-5400
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Issue: 2
• Pages: 275-286
• Publisher URL: http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=427&productid=6968