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    The Bitter Medicine: Competition Law and Parallel Trade in the Pharmaceutical Sector

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    The economic crisis and the growing urge of governments to cut public expenditure – particularly its heftier items, among which is pharmaceutical spending – have, in recent times, brought back on the agenda of pharmaceutical companies the issue of how to lawfully limit parallel trade of their products towards lower-price EU Member States. This objective may prove particularly hard to achieve since, from a EU competition law standpoint, parallel trade has been traditionally perceived as beneficial for consumers, as well as a force towards EU single market integration. This article aims at assessing, under a EU competition law perspective, the most common paths chosen by companies to deal with parallel trade, by relying on the (limited) case-law of EU courts and by providing a detailed and practical analysis of every available option

    Concentrazioni sotto soglia: più coni d’ombra che luce nei recenti sviluppi a livello europeo e nazionale = Mergers below thresholds: recent EU and Italian developments raise more questions than they answer

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    Il contributo analizza in chiave critica i recenti sviluppi, intervenuti a livello europeo e nazionale, che hanno attribuito rispettivamente alla Commissione europea e all’Autorità Garante della Concorrenza e del Mercato il potere, a talune condizioni, di esaminare operazioni di concentrazione c.d. sotto soglia.This article critically analyses the recent developments, at EU and Italian level, which empowered the European Commission and the Italian Competition Authority, respectively, to review (under certain conditions) so-called mergers below thresholds
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