Caro de Sousa, Pedro --- "FREE MOVEMENT AND COMPETITION IN THE EUROPEAN MARKET FOR PHARMACEUTICALS" [2019] ELECD 1277; in Figueroa, Pablo; Guerrero, Alejandro (eds), "EU Law of Competition and Trade in the Pharmaceutical Sector" (Edward Elgar Publishing, 2019) 431

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

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

Publisher: Edward Elgar Publishing

Section: Chapter 11

Section Title: FREE MOVEMENT AND COMPETITION IN THE EUROPEAN MARKET FOR PHARMACEUTICALS

Author(s): Caro de Sousa, Pedro

Number of pages: 28

Abstract/Description:

EU law on pharmaceuticals is an area where the regulatory framework, fundamental freedoms and competition law are deeply and closely intertwined. Understanding one branch of the law regarding pharmaceuticals requires knowing the others, and how these branches interact with one another. This chapter provides an overview of free movement cases on pharmaceuticals, with a view to frame such case law within the European regulatory framework and to identify its impact on competition law enforcement. It is structured as follows: a first section will provide an overview of the structure of the European market for pharmaceuticals, including the basic European regulatory framework; a second section will review the case law on free movement and pharmaceuticals; and a last section will detail how the basic pharmaceutical regulatory framework, free movement law and competition law interact to determine the shape of European pharmaceutical markets.