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Excessive pricing during the COVID-19 crisis in the EU - An empirical inquiry

The COVID-19 crisis noted many reports of dramatic price increases of essential items such as face masks, hand sanitisers and disinfectants. Already in March 2020 the Competition Authorities in Europe, by way of a joint statement by European Competition Network and individual public announcements, cautioned against price gouging practices and re-affirmed their commitment to pursue such practices v

Towards Fair Pricing of Medicines? Lessons from the European Commission's Aspen Decision

Excessive pharmaceutical pricing cases in EU have progressed from a theoretical possibility to becoming a recurrent enforcement reality, following heightened law and policy attention on affordability of medicines. This matter gained considerable momentum in the wake of COVID-19 crisis as result of the increased health spending, with debates on affordability raging at WTO and WIPO levels. Unfair pr

The Limits of Control – Competition law versus Sector Regulation in the wake of the European Commission Excessive Pricing Decision in Aspen

Despite being heavily regulated, the pharmaceutical sector in Europe has in recent years noted many enforcement decisions against excessive pharmaceutical pricing as an anti-competitive practice under Article 102(a) TFEU. Although described as a ‘rarity’ in competition law in most parts of the doctrine, numerous excessive pricing cases have emerged in Italy, UK, Denmark, and the Netherlands in rec

Beyond Justice versus Efficiency – Reconciling Law and Economics approaches to Fairness

Recent years have seen the dominance of neoclassical, marginalist and welfarist schools of Competition Law and Economics being challenged more vigorously than ever [See two major collecting works on fairness in economics in: Fennell and McAdams (2013) and Cappelen and Tungodden (2019)]. Although the core assumptions of the neoclassical school regarding overt reliance on rationality and efficiency

Temporary dominance and excessive pharmaceutical pricing - CD Pharma (Denmark)

On 31 January 2018, the Danish Competition and Consumer Authority adopted a decision that found the Swedish company CD Pharma, a generic distributor, to be in breach of Article 102(a) TFEU due to having abused its dominant position and imposed excessive and unfair prices for the drug Syntocinon. The company had increased the price of the drug by 2000% on the Danish market in the period April 2014-On 31 January 2018, the Danish Competition and Consumer Authority adopted a decision that found the Swedish company CD Pharma, a generic distributor, to be in breach of Article 102(a) TFEU due to having abused its dominant position and imposed excessive and unfair prices for the drug Syntocinon. The company had increased the price of the drug by 2000% on the Danish market in the period April 2014-

The Role of Judicial Associations in Resisting Rule of Law Backsliding : Hidden Pathways of Protecting Judicial Independence Amidst Rule of Law Decay

Both Hungary and Poland have been in the spotlight regarding their democratic backsliding, with Executives exerting control over supposedly independent pillars of democracy, such as courts or the media. While the concerns about these countries also voiced by leaders of European institutions were similar, the resistance against the systematic erosion of judicial independence comes in different form

Hidden rule of law discontinuities : A theoretical framework for studying rule of law backsliding

This introduction develops a theoretical framework for understanding authoritarian backsliding against the backdrop of existing historical and European socio-legal scholarship. It introduces a number of key distinctions to better understand socio-legal variance among autocratisation. Specifically, it highlights the distinction between authoritarian backsliding and complete breakdown of judicial in

What Makes a Price (un)Fair? Excessive Pharmaceutical Pricing in European Competition Law

Prohibition of excessive pricing belongs to one of the oldest legal constructs in human history. The historical roots and the near-universal codification of the concept of excessive pricing has however not mitigated the contentious quarrel alongside seemingly unreconcilable legal-economic positions. Positions ranging from those denying the very existence of excessive pricing, let alone endorsing e

Compulsory License

Compulsory licensing refers to a situation in which a non-exclusive license of an intellectual property right (‘IPR’) can be granted by a competent authority to a third party to make, use or sell an invention, where remuneration is paid to the right-holder and the right-holder maintains its legal intellectual property rights. Thus, Compulsory Licensing represents an exception to the normal exclusiCompulsory licensing refers to a situation in which a non-exclusive license of an intellectual property right (‘IPR’) can be granted by a competent authority to a third party to make, use or sell an invention, where remuneration is paid to the right-holder and the right-holder maintains its legal intellectual property rights. Thus, Compulsory Licensing represents an exception to the normal exclusi

Excessive Pricing

Excessive Pricing categorizes a situation where a dominant undertaking, often a legal monopolist, is able to reap supra-competitive profits, not being sufficiently challenged by normal forces of competition. The supra-competitive profits are thought to produce deadweight losses and allocative in-efficiencies as well as harm to consumers in form of undue wealth transfer. Most OECD-jurisdictions pro

Autonomous navigation with convergence guarantees in complex dynamic environments

This article addresses the obstacle avoidance problem for setpoint stabilization tasks in complex dynamic 2-D environments that go beyond conventional scenes with isolated convex obstacles. A combined motion planner and controller is proposed that integrates the favorable convergence characteristics of closed-form motion planning techniques with the intuitive representation of system constraints t

Learning Continuous Normalizing Flows For Faster Convergence To Target Distribution via Ascent Regularizations

Normalizing flows (NFs) have been shown to be advantageous in modeling complex distributions and improving sampling efficiency for unbiased sampling. In this work, we propose a new class of continuous NFs, ascent continuous normalizing flows (ACNFs), that makes a base distribution converge faster to a target distribution. As solving such a flow is non-trivial and barely possible, we propose a prac

Greenland Norse walrus exploitation deep into the Arctic

Walrus ivory was a prized commodity in medieval Europe and was supplied by Norse intermediaries who expanded across the North Atlantic, establishing settlements in Iceland and Greenland. However, the precise sources of the traded ivory have long remained unclear, raising important questions about the sustainability of commercial walrus harvesting, the extent to which Greenland Norse were able to c

Internet connectedness of older adults in the time of COVID-19

What happens if we are forced to stay at home over weeks or months? If we are not allowed to see our friends and family members in person?This sounds like a cruel “social experiment,” yet, the world-wide COVID-19 pandemic confronts us with exactly this unimaginable scenario.

Podcast: What is Ageism? (in Chinese, Spanish and English languages)

In this short podcast, we define ageism and describe how it is quietly pervasive in our everyday lives. We discuss the negative impacts of ageism, provide examples, and identify ways to combat ageism. Target audience: high school/secondary school students. Music and mixing by Sean Mac.En este breve podcast, hablamos sobre el edadismo o discriminación por edad y describimos cómo está silenciosament