Taking stock of the single market imperative in the Court's case law on parallel trade in pharmaceuticals: are matters as settled as they seem?

Abstract

This chapter discusses whether the case law on parallel trade and pharmaceuticals is set in stone or could allow for new insights into and approaches. The single market imperative and the right to access to pharmaceuticals seem to be in conflict at times. This chapter discusses recent data and trends, provides an overview of the European Court of Justice's case law, and concludes that some novel approaches in the case law could be imminent, in particular with respect to the qualification of the restriction on parallel trade as an object restriction within EU competition law.