Możliwość ograniczania handlu równoległego produktami leczniczymi przez podmioty odpowiedzialne w świetle prawa konkurencji
Possibility to limit parallel trade in medicinal product by marketing authorisation holders in view of competition law

Summary/Abstract: Parallel trade of medicinal products is a very important issue, mainly due to its scale. It contradicts the obligation to ensure the availability of medicinal products as well as threatens the economic interests of the producers of medicinal products, which are defined as marketing authorisation holders. These are the reasons why marketing authorisation holders are trying to limit parallel trade by various means. Their actions comprise the refusal to supply full orders, double pricing, and direct to pharmacy schemes, all of which raise concerns in view of competition law. The aim of this article is to analyse the possibilities to limit parallel trade of medicinal products by marketing authorisation holders in view of competition law. The article concludes with an assessment of the application of competition law on the pharmaceutical market and presents some recommendations on how the problem should be approached in the future.

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