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Author: Kalpana Tyagi

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Aspen: The European Commission’s First Decision on Excessive Pricing in the Pharmaceuticals Sector journal article

Kalpana Tyagi

European Competition and Regulatory Law Review, Volume 6 (2022), Issue 2, Page 173 - 179

Case AT.40394 Aspen, Commission Decision of 10 February 2021 On 10 February 2021, the Commission entered into a settlement decision with Aspen under Article 9 of Regulation 1/2003. The Commission investigated 'excessive pricing' by the South Africa-headquartered Aspen in six off-patent cancer drugs in the European Economic Area (EEA). These drugs had been off-patent for well over 50 years, and there seemed no rational prima facie justification for their unfairly high prices. This case note offers a critical discussion on the Commission’s case and Aspen’s well-planned strategy to systematically and uniformly increase prices across the Member States.

Fixed/Mobile Integration in the Telecommunications Sector: journal article

Substantial Issues in EU Merger Control

Kalpana Tyagi

European Competition and Regulatory Law Review, Volume 2 (2018), Issue 2, Page 107 - 124

To counter the decline in Average Revenue per User, Mobile Network Operators adopted one of the four potential strategies: local mobile and cross-border mobile consolidation; fixed/mobile (F/M) mergers and local cable consolidation. The first part of this two part article critically analysed four-to-three telecom mergers across the European Union. This article seeks to present and critically assess the approach of the EU in its assessment of F/M mergers, alongside a focus on its conglomerate merger enforcement activities. To assess the non-horizontal effects in F/M mergers, this article undertakes an inter-disciplinary approach using insights from competition law, economics and corporate strategy.

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