The Rule of Reason under Article 82 EC after Sot Lelos Kai Sia
Tu T. Nguyen
Faculty of Law, Lund University
University of Copenhagen - Centre for Information & Innovation Law - Faculty of Law; Harvard Law School - Petrie Flom Center for Health Law Policy, Biotechnology, and Bioethics
Lund University - Faculty of Law
July 7, 2009
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.
Number of Pages in PDF File: 29
Keywords: rule of reason, refusal to supply, parallel trade, pharmaceutical sector, Article 82 EC
JEL Classification: L41working papers series
Date posted: July 7, 2009 ; Last revised: January 18, 2014
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