Competition Law and Ethics of Innovation as Catalysts for Fairness: Reimagining the EU’s COVID-19 Vaccine Strategy

The "EU Vaccines Strategy" launched by the European Commission in June 2020 aimed to ensure vaccine safety, equitable access, affordability, swift distribution, and global solidarity for COVID-19 vaccines. This study critiques the Commission's centralized procurement approach, focusing on Advance Purchase Agreements (APAs) through a literature review, policy analysis, and a case study of the EU-AstraZeneca's APA. It identifies critical challenges, including transparency deficits, accountability gaps, and anticompetitive practices by vaccine producers that undermine equitable access. Drawing on these insights, the study proposes the FACER Framework - Fairness, Accountability, Competition Law, Ethics of Innovation, and Resilience - a novel model integrating the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) oversight with ethical principles. By embedding legal and moral accountability, FACER offers EU policymakers a robust tool to enhance vaccine strategy and equity in future health crises.

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Publication Details

Journal
The Journal of Law Medicine & Ethics
Published
2025-01-01
DOI
https://doi.org/10.1017/jme.2025.10141
Primary Topic
Pharmaceutical Economics and Policy
Type
article
Field-Weighted Citation Impact
0.00

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article

Competition Law and Ethics of Innovation as Catalysts for Fairness: Reimagining the EU’s COVID-19 Vaccine Strategy

Mina Hosseini
The Journal of Law Medicine & Ethics
Pharmaceutical Economics and Policy
article

Competition Law and Ethics of Innovation as Catalysts for Fairness: Reimagining the EU’s COVID-19 Vaccine Strategy

Mina Hosseini
article en

Abstract

The "EU Vaccines Strategy" launched by the European Commission in June 2020 aimed to ensure vaccine safety, equitable access, affordability, swift distribution, and global solidarity for COVID-19 vaccines. This study critiques the Commission's centralized procurement approach, focusing on Advance Purchase Agreements (APAs) through a literature review, policy analysis, and a case study of the EU-AstraZeneca's APA. It identifies critical challenges, including transparency deficits, accountability gaps, and anticompetitive practices by vaccine producers that undermine equitable access. Drawing on these insights, the study proposes the FACER Framework - Fairness, Accountability, Competition Law, Ethics of Innovation, and Resilience - a novel model integrating the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) oversight with ethical principles. By embedding legal and moral accountability, FACER offers EU policymakers a robust tool to enhance vaccine strategy and equity in future health crises.

The Journal of Law Medicine & EthicsVol. 53(3)
University College Dublin (IE)
European Commission, University College Dublin, HORIZON EUROPE Framework Programme, Research Executive Agency, H2020 Marie Skłodowska-Curie Actions, HORIZON EUROPE Marie Sklodowska-Curie Actions
Industry, innovation and infrastructure
Openalex Percentile: Top 75%
Pharmaceutical Economics and Policy
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