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Heithecker, Jan --- "MERGERS IN THE MEDICAL DEVICES SECTOR" [2019] ELECD 1273; in Figueroa, Pablo; Guerrero, Alejandro (eds), "EU Law of Competition and Trade in the Pharmaceutical Sector" (Edward Elgar Publishing, 2019) 269

Book Title: EU Law of Competition and Trade in the Pharmaceutical Sector

Editor(s): Figueroa, Pablo; Guerrero, Alejandro

Publisher: Edward Elgar Publishing

Section: Chapter 7

Section Title: MERGERS IN THE MEDICAL DEVICES SECTOR

Author(s): Heithecker, Jan

Number of pages: 42

Abstract/Description:

This chapter covers the first 50 EU merger control decisions concerning medical devices. The first part details the Commission’s (often rather narrow) definitions of product markets (covering in-vitro diagnostics devices, diagnostic imaging devices, orthopaedic devices, cardiovascular devices, other medical capital goods and consumable medical devices) and geographic markets. The second part discusses the Commission’s competitive assessment and in particular the horizontal and non-horizontal competitive concerns that were identified (and later resolved by remedies). It identifies as overarching features a strong emphasis on the protection of innovation, a high degree of analytical sophistication (e.g. an emphasis on closeness of competition and potential competition), a considerable level of meticulousness (resulting in particular from narrow market definitions), and an exemplary consistency with the Commission’s own guidelines.