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EU Competition Law under Ordoliberalism - A case study of Excessive Pricing in Pharmaceutical SectorTran, Ngoc Nha Tinh January 2020 (has links)
The purpose of this study is to conceptualize the ideational influence of Ordoliberalism on EU Competition Law while addressing a problematic social issue that has been witnessing a surge in the number of cases, which is excessive price abuse under Article 102(a) of the Treaty on the Functioning of the European Union (TFEU) within the spectrum of pharmaceutical sector. By utilizing Nedergaard (2020)’s analytic framework for Ordoliberalism’s operationalization, the study successfully proves the impacts of five characteristics of Ordoliberalism, including Politics by rules, Economic Constitution, Market Construction, Role of Consumers and Role of the states towards consumers, on the practices of EU Competition Law, using the empirical data collected from two excessive pricing examples: Aspen in Italy and Pfizer/Flynn in the United Kingdom. The study also highlights the unique features of the pharmaceutical market due to its significant impacts on public healthcare and medicine assessment. At the end of the study, some recommendations are provided for further investigations.
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