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Updated: April 29, 2010 (Initial publication: Feb. 26, 2010)

Bibliographic Reports : Symposiums

Updated: April 29, 2010 (Initial publication: Feb. 26, 2010)

Bibliographic Reports : Grey Litterature

The European Commission, sensing potential anticompetitive behaviour in the pharmaceutical sector, conducted an inquiry into this sector, and adopted its final report on the matter on July 8th 2009. The Commission’s suspicion was that anticompetitive behaviours could be slowing down the entry of generic drugs into national markets, whereas the burden of drug spending on public finances and public health policy make rapid generic entry an important issue. The Commission concluded that delays are due in part to pharmaceutical companies’ behaviour, especially as concerns the use they make of their intellectual property rights. However, on the other hand, one may also sustain that the strategic use of an acquired legal right is no less than legitimate, and that public health policy is a matter for national regulation. Indeed, it is for Member States, rather than European competition law, to determine the level of healthcare coverage that their society is financially willing to bear.

Updated: April 29, 2010 (Initial publication: Feb. 16, 2010)

Bibliographic Reports : Books

Research on the EU regime of risk regulation for pharmaceuticals and foodstuffs based on an institutionalist approach to supranational risk regulation.

Updated: April 29, 2010 (Initial publication: Feb. 16, 2010)

Bibliographic Reports : Books

Comparison of various models of risk regulation in order to understand how those systems shape the relationship between law and science and how they attempt to overcome the public’s distrust of science-based decision making in the EU.

Updated: April 29, 2010 (Initial publication: Feb. 25, 2010)

Sectorial Analysis

Main information

The Conseil National du Barreau (CNB – The French Bar Association) and the Commission nationale de l’informatique et des libertés (CNIL—The French - Commission for Data Privacy) form a partnership to educate lawyers on the « loi informatique et libertés » (Data Privacy Act).

Updated: April 29, 2010 (Initial publication: Feb. 11, 2010)

Sectorial Analysis

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A decision of the Social Chamber of the French Cour de Cassation (Court of Cassation) handed down on December 8th, 2009, (n° 08-17.191) reduced the scope of the unique authorisation granted to companies concerning their internal whistle blowing proceedures.

Updated: April 29, 2010 (Initial publication: Dec. 24, 2009)

Sectorial Analysis

Main information

Two judgments of the General Court of the ECJ challenge the greenhouse gas emissions allowances trading system within the European market.

Updated: April 27, 2010 (Initial publication: April 26, 2010)

Bibliographic Reports : Books

The book "Concurrence, santé publique, innovation et médicament" (Competition, public health, innovation, and medicine), published by French publisher L.G.D.J., provides an analysis of the pharmaceutical sector’s oscillation between competition and regulation. The first part of the study is consecrated to "Médicament dans la regulation des dépenses de santé" (The role of medicine in the regulation of healthcare costs), which exposes health-related questions in their most government-controlled aspect. The second part conceives health through its social function, with "Innovation et incitation à la recherche" (Innovation and incentive to perform research), while the last part explains "Les difficultés des prises en compte par le droit de la concurrence des spécificités du secteur pharmaceutique" (Competition Law’s difficult apprehension of the pharmaceutical sector’s specificities). The three parts of this study offer an exhaustive presentation of the stakes involved in healthcare law, economy, and policy, and clearly shows that the hybrid nature of this sector makes it more a matter for regulation rather than for competition law.