Excessive Pricing in Pharmaceuticals under Article 102 TFEU

Abstract High pharmaceutical pricing practices in Europe have been increasingly on the radar of European Union, academia and civil society as a risk to Member State health budgets. It is therefore hardly surprising that, recent years, competition authorities resuscitated excessive prohibition contained Article 102(a) TFEU. Focusing this phenomenon, piece highlights diverse ways which United Brands test has applied pharmaceuticals by conducting comparative study decisional practice national authorities. Several observations arguments are then derived therefrom, demonstrating while difficult (most notably respect patent-protected products), courts established sophisticated determining whether price sense These findings should encourage hesitant private plaintiffs at least carry out preliminary investigations when they suspect taking place.