Suchergebnisse

This article discusses the "hipster" movement in US antitrust, which suggests that antitrust should have broader societal goals in addition to the economic goal of consumer welfare. It then discusses the same issue in the context of European competition law. ; Peer reviewed

This presentation discusses the competition law issues raised by biosimilars. While many of the issues are similar to those raised by generics, the fact that, unlike generics, biosimilars are not exact copies of the original product means that the competition issues are slightly different as well. In essence, there seems to be more room for originators to pursue strategies designed to slow the entry of biosimilars into the market. ; Peer reviewed

This presentation discusses recent case law concerning excessive pricing as an abuse of dominance under EU competition law, particularly as it relates to drug pricing. It discusses the general test under Article 102 for determining whether a price is excessive and how this test has been applied in the case law on drug pricing. It also discusses the specific challenges that are faced when attempting to regulate drug pricing through the application of the competition rules. ; Peer reviewed

This presentation deals with what strategies companies selling luxury goods can undertake to protect their brands while still remaining in compliance with EU competition law. In particular, the presentation considers how brand owners can protect the integrity of their distribution networks and prevent their products from winding up in inferior sales channels. The presentation also reflects the principles developed in the recent case law dealing with online sales. ; Peer reviewed

This presentation discusses recent case law concerning excessive pricing as an abuse of dominance under EU competition law, particularly as it relates to drug pricing. It discusses the general test under Article 102 for determining whether a price is excessive and how this test has been applied in the case law on drug pricing. It also discusses the specific challenges that are faced when attempting to regulate drug pricing through the application of the competition rules. ; Peer reviewed

This survey article discusses the major EU competition law developments in the pharmaceutical sector from 1 November 2015 through 31 December 2016. Section 2 addresses cases on restrictions of competition from generic suppliers, including the Lundbeck and Servier cases on now on appeal to the EU courts, the new GlaxoSmithKline decision in the United Kingdom, the European Commission's annual patent settlement monitoring exercise and the judgment of the French Supreme Court in Sanofi-Aventis. Section 3 covers the recent cases prosecuting excessive pricing, including the Aspen case in Italy and the Pfizer/Flynn and Actavis cases in the United Kingdom. Section 4 addresses the cases before the EU Court of Justice concerning licensing agreements, including Hoechst/Genentech and Roche/Novartis. Section 5 addresses recent decisions, judgments, and regulations in EU Member States on the ongoing issue of parallel trade. Finally, Section 6 covers the results of sector inquires reported by competition authorities in five EU Member States covering a broad range of issues arising in the pharmaceutical sector. ; Peer reviewed

This presentation discusses recent developments in EU competition law in the pharmaceutical industry. In particular, it discusses the current enforcement environment and recent cases concerning product denigration, patent settlements, and pricing. ; Peer reviewed

This presentation discusses recent case law concerning excessive pricing as an abuse of dominance under EU competition law, particularly as it relates to drug pricing. It also discusses the treatment of discount and rebate schemes under the competition rules and how these schemes can be designed to be compliant with the rules. ; Peer reviewed

This presentation addresses the question of how patent settlements should be treated under EU competition law. This is a highly controversial subject and there are currently several cases pending before the EU courts dealing with this issue. This presentation critiques the approach taken by the European Commission and offers an approach that balances the competing interests at stake. ; Peer reviewed

This presentation discusses recent case law concerning excessive pricing as an abuse of dominance under EU competition law, particularly as it relates to drug pricing. It also discusses the treatment of discount and rebate schemes under the competition rules and how these schemes can be designed to be compliant with the rules. ; Peer reviewed

This presentation deals with some recent cases dealing with the application of competition law to strategies by innovative pharma companies to slow the entry of generics. These cases deal with disparaging statements made by pharma companies about generic entrants. The presentation focuses on the practical principles that can be taken away from these cases. ; Peer reviewed

This dissertation is an exploration of the narrative mode of Mao Dun's (1896 - 1981) first work of fiction, the 1927-8 Eclipse trilogy. It focuses on explaining the context and nature of realism as it appears in the work. The dissertation includes a biography of Mao Dun that covers his early education, and his years as an editor and as a translator. The biography also shows the influence of western literary theory and ideology on his development as an intellectual and author. Realism as a literary mode is presented in its general form and as a type of realism that developed in China. The dissertation also analyzes realism and naturalism as Mao Dun explains the ideas in his own literary criticism. A close reading of samples from the Eclipse trilogy shows how Mao Dun used a type of realism with a shifting objective view, similar to a free indirect style. Finally the dissertation provides a textology study: a typology and analysis of the differences between the two major editions of the trilogy. The types include Clarity and Accuracy, Political Concerns, Narrative Voice, Simplification of Characters, and Problematic Sensuality. Through analysis of the differences between the two editions, the dissertation provides evidence that, although Mao Dun was willing to sacrifice some of the complexity and contradictions of his novel in 1954 when the second edition was edited, he strove to maintain the core of his most problematic central characters and the fundamental ideals of his narrative voice.