Excessive Pharmaceutical Pricing as an Abuse of Dominant Position – The Case of CD Pharma (Denmark)

Research output: Contribution to journal › Journal article › Research › peer-review

Standard

Excessive Pharmaceutical Pricing as an Abuse of Dominant Position – The Case of CD Pharma (Denmark). / Kianzad, Behrang.

In: GRUR International, Vol. 70, No. 12, 2021, p. 1188-1196.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Kianzad, B 2021, 'Excessive Pharmaceutical Pricing as an Abuse of Dominant Position – The Case of CD Pharma (Denmark)', GRUR International, vol. 70, no. 12, pp. 1188-1196. https://doi.org/10.1093/grurint/ikab117

APA

Kianzad, B. (2021). Excessive Pharmaceutical Pricing as an Abuse of Dominant Position – The Case of CD Pharma (Denmark). GRUR International, 70(12), 1188-1196. https://doi.org/10.1093/grurint/ikab117

Vancouver

Kianzad B. Excessive Pharmaceutical Pricing as an Abuse of Dominant Position – The Case of CD Pharma (Denmark). GRUR International. 2021;70(12):1188-1196. https://doi.org/10.1093/grurint/ikab117

Author

Kianzad, Behrang. / Excessive Pharmaceutical Pricing as an Abuse of Dominant Position – The Case of CD Pharma (Denmark). In: GRUR International. 2021 ; Vol. 70, No. 12. pp. 1188-1196.

Bibtex

@article{35f6a431299448b3917717370800a02f,
title = "Excessive Pharmaceutical Pricing as an Abuse of Dominant Position – The Case of CD Pharma (Denmark)",
abstract = "On 31 January 2018, the Danish Competition and Consumer Authority adopted a decision1 finding the Swedish company generic distributor CD Pharma in breach of Art. 102(a) Treaty on the Functioning of the European Union (TFEU) by abusing its dominant position and having imposed excessive and unfair prices for the drug Syntocinon. The company increased the price of the drug by 2000\October 2014 in the Danish pharmaceutical market. CD Pharma appealed to the Danish Competition Appeals Board,2 which on 29 November 2018 upheld the decision by the Authority. On subsequent appeal to the Danish Maritime and Commercial Court,3 the judgment by the previous court was upheld in a 3-2 decision on 2 March 2020, thus finding CD Pharma liable for infringement of Danish competition law as well as Art. 102(a) TFEU. The decision is final and not subject to further appeal. The case raises outstanding legal-economic issues regarding excessive pricing such as relevant market definition in pharmaceutical cases, the length of abuse, competitive price benchmarks, definition of economic value and the matter of dominance in public procurement and tenders.",
author = "Behrang Kianzad",
note = "ikab117",
year = "2021",
doi = "10.1093/grurint/ikab117",
language = "English",
volume = "70",
pages = "1188--1196",
journal = "GRUR International",
issn = "2632-8623",
publisher = "Oxford University Press",
number = "12",

}

RIS

TY - JOUR

T1 - Excessive Pharmaceutical Pricing as an Abuse of Dominant Position – The Case of CD Pharma (Denmark)

AU - Kianzad, Behrang

N1 - ikab117

PY - 2021

Y1 - 2021

N2 - On 31 January 2018, the Danish Competition and Consumer Authority adopted a decision1 finding the Swedish company generic distributor CD Pharma in breach of Art. 102(a) Treaty on the Functioning of the European Union (TFEU) by abusing its dominant position and having imposed excessive and unfair prices for the drug Syntocinon. The company increased the price of the drug by 2000\October 2014 in the Danish pharmaceutical market. CD Pharma appealed to the Danish Competition Appeals Board,2 which on 29 November 2018 upheld the decision by the Authority. On subsequent appeal to the Danish Maritime and Commercial Court,3 the judgment by the previous court was upheld in a 3-2 decision on 2 March 2020, thus finding CD Pharma liable for infringement of Danish competition law as well as Art. 102(a) TFEU. The decision is final and not subject to further appeal. The case raises outstanding legal-economic issues regarding excessive pricing such as relevant market definition in pharmaceutical cases, the length of abuse, competitive price benchmarks, definition of economic value and the matter of dominance in public procurement and tenders.

AB - On 31 January 2018, the Danish Competition and Consumer Authority adopted a decision1 finding the Swedish company generic distributor CD Pharma in breach of Art. 102(a) Treaty on the Functioning of the European Union (TFEU) by abusing its dominant position and having imposed excessive and unfair prices for the drug Syntocinon. The company increased the price of the drug by 2000\October 2014 in the Danish pharmaceutical market. CD Pharma appealed to the Danish Competition Appeals Board,2 which on 29 November 2018 upheld the decision by the Authority. On subsequent appeal to the Danish Maritime and Commercial Court,3 the judgment by the previous court was upheld in a 3-2 decision on 2 March 2020, thus finding CD Pharma liable for infringement of Danish competition law as well as Art. 102(a) TFEU. The decision is final and not subject to further appeal. The case raises outstanding legal-economic issues regarding excessive pricing such as relevant market definition in pharmaceutical cases, the length of abuse, competitive price benchmarks, definition of economic value and the matter of dominance in public procurement and tenders.

U2 - 10.1093/grurint/ikab117

DO - 10.1093/grurint/ikab117

M3 - Journal article

VL - 70

SP - 1188

EP - 1196

JO - GRUR International

JF - GRUR International

SN - 2632-8623

IS - 12

ER -

ID: 281991019