Potential Competition in EU Law

14 Pages Posted: 30 Jun 2021 Last revised: 7 Jul 2021

See all articles by Niamh Dunne

Niamh Dunne

London School of Economics - Law School

Date Written: June 21, 2021

Abstract

Potential competition refers to the extent to which the activities of undertakings not yet present in a relevant market nonetheless provide a competitive constraint on the behaviour of incumbents in that market. Recent case-law of the EU Court of Justice dealing with pay-to-delay agreements in the pharmaceutical sector has considerably deepened our understanding of potential competition as a relevant concept under Articles 101 and 102 TFEU. This short article critically assesses the legal test emerging from the Generics and Lundbeck judgments and considers its applicability beyond the pay-to-delay context.

Keywords: potential competition, competition law, antitrust, EU law

JEL Classification: K20, K21

Suggested Citation

Dunne, Niamh, Potential Competition in EU Law (June 21, 2021). LSE Legal Studies Working Paper No. 08/2021, Available at SSRN: https://ssrn.com/abstract=3871310 or http://dx.doi.org/10.2139/ssrn.3871310

Niamh Dunne (Contact Author)

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

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