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The search returned 2 results.

The Limits of Control: journal article

Competition Law Versus Sector Regulation in the Wake of the European Commission Excessive Pricing Decision in Aspen

Behrang Kianzad

European Competition and Regulatory Law Review, Volume 6 (2022), Issue 3, Page 207 - 221

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 recent years, but also on the European Commission level. The European competition authority adopted its first excessive pricing commitment decision against a pharmaceutical undertaking (Aspen) in April 2021. Take into account the manifold points of contention in the literature on excessive pricing, concerning the normative issue of preventing supra-competitive pricing on part of dominant undertakings. Add the tension between competition law and sector regulation;, as well as the practical issue of calculating cost, prices and profits for the purpose of finding out the ‘excess’ and ‘unfairness’, and one can see the Aspen case is of particular importance for future cases. Keywords: excessive pricing; Article 102; pharmaceutical pricing; competition law; pricing of medicines; sector regulation, law and economics


Let´s Dance! Excessive Royalties and the Economic Value of Music (C-372/19 SABAM) journal article

Behrang Kianzad

European Competition and Regulatory Law Review, Volume 5 (2021), Issue 2, Page 172 - 176

Case C-372/19 Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (SABAM) v Weareone.World BVBA and Wecandance NV, Judgment of the Court of Justice of the European Union (Fifth Chamber) of 25 November 2020 The most recent excessive pricing case considered by Court of Justice of European Union (CJEU) revolved around fees imposed by a national royalty collective society (SABAM) on two Belgian festival organizers (Weareone.World BVBA and Wecandance NV). The Belgian national court submitted the case to CJEU for a preliminary ruling on whether the imposition of fees was to be considered an abuse of dominant position, and further, whether the fees levied were to be considered unfair and excessive in light of Article 102(a) Treaty on the Functioning of the European Union.

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