Friday, August 6, 2021

Potential Competition in EU Law

Potential Competition in EU Law



Niamh Dunne

London School of Economics - Law Department


Potential competition refers to the extent to which the activities of undertakings not yet present in a relevant market nonetheless provide a competitive constraint on the behaviour of incumbents in that market. Recent case-law of the EU Court of Justice dealing with pay-to-delay agreements in the pharmaceutical sector has considerably deepened our understanding of potential competition as a relevant concept under Articles 101 and 102 TFEU. This short article critically assesses the legal test emerging from the Generics and Lundbeck judgments and considers its applicability beyond the pay-to-delay context.

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