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Brokelmann, Helmut; Ganino, Mariarosaria --- "COMPETITION LAW AND PHARMA: SPAIN" [2019] ELECD 1283; in Figueroa, Pablo; Guerrero, Alejandro (eds), "EU Law of Competition and Trade in the Pharmaceutical Sector" (Edward Elgar Publishing, 2019) 657

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

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

Publisher: Edward Elgar Publishing

Section: Chapter 17

Section Title: COMPETITION LAW AND PHARMA: SPAIN

Author(s): Brokelmann, Helmut; Ganino, Mariarosaria

Number of pages: 30

Abstract/Description:

This chapter analyses the application of competition law in the pharmaceutical sector in Spain. After reviewing the regulatory framework relevant to the application of competition law in this sector, it focusses on the Spanish competition authority’s enforcement practice and the related case-law of the administrative and civil courts. It covers horizontal agreements, including the practices of industry associations which deserved special attention by the Spanish authority, as well as vertical agreements, in particular the practice and case-law of the Spanish authorities in the field of parallel trade. It also covers unilateral conduct, ranging from early cases on refusal to supply related to parallel trade to more recent cases on conduct limiting generic entry. A final section dedicated to merger control reviews the phase II decisions of the Spanish authority and the practice concerning market definition and substantive assessment of mergers in the pharmaceutical sector.