CeBIL member Behrang Kianzad and CeBIL Director Timo Minssen publish an article in EPLR – University of Copenhagen

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05 October 2018

CeBIL member Behrang Kianzad and CeBIL Director Timo Minssen publish an article in EPLR

Behrang Kianzad, PhD-Fellow at CeBIL, has together with his supervisor, Prof. Timo Minssen and tDirector of CeBIL, published a journal article in the latest issue of Journal of European Pharmaceutical Law Review. The theme of the article is “How much is too much? Defining the Metes and Bounds of Excessive Pharmaceutical Pricing”, addressing some of the recent excessive price cases in the field of Pharmaceuticals within the European Union, from Italy to Denmark. Looking at rationales for both Patent Law and Competition Law and offering some thoughts on the legal-economics rationales as well as the tension between affordable access and incentives to invest and innovate, the article concludes hopes to contribute further to creating a more informed debate on these matters. Below you´ll find the abstract and also link where the article is available at the European Pharmaceutical Law Review site.

“Excessive pharmaceutical pricing represents one of the most contentious issues in legal and political discourse and has recently gained renewed attention by courts, competition authorities and political forces on both sides of the Atlantic. Balancing the public demand for affordable and accessible health-care with the need for sufficient incentives and a sustainable innovation system in the field of medicines also attracts a great deal of media and scholarly attention. Facing what seems to be a revival of competition law enforcement in this highly sensitive and complex environment, it is of vital importance to keep up to date with the most recent developments. It is further crucial that the necessary debates are taking place within a well-informed and transparent environment that takes into account multiple factors, interests, responsibilities and concerns. This entails inter alia to consider various types of diseases (rare, neglected or blockbuster) treatment outcomes (cure or long dependency), as well as the economic complexities of successful innovation systems and higher societal goals such as sustainability, solidarity and fairness. Only then, will it be possible to devise well-balanced policies and guidelines that allow relevant stakeholders to align their approaches and strategies in order to achieve what society expects from the pharmaceutical innovation system: life-saving new therapies that are safe, efficient and accessible. Against this background, this article depicts and discusses some of the latest cases and the underlying legal-economic and policy considerations.”

The full-text article is availabe here at EPLR