Abuse of Dominant Position, Effective Judicial Protection and Abuse of Procedure

On October 21, 2022, the Spanish Competition Agency (CNMC) sanctioned the North American pharmaceutical company Merck Sharp & Dohme for abuse of a dominant position. The practice for which it was finally sanctioned consisted of the adoption of a strategy aimed at delaying and making it difficult for another company to enter the Spanish medicines market in order to protect sales for a product marketed exclusively by that company and for which had a patent. This paper analyzes this resolution in an attempt to delimit the difference between the legitimate exercise of the right to effective judicial protection and its abuse.

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Publication Details

Journal
The Journal of Law Medicine & Ethics
Published
2025-01-01
DOI
https://doi.org/10.1017/jme.2025.10145
Primary Topic
Pharmaceutical Economics and Policy
Type
article
Field-Weighted Citation Impact
0.00

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article

Abuse of Dominant Position, Effective Judicial Protection and Abuse of Procedure

Enrique Muñoz, Carmen de Vivero de Porras
The Journal of Law Medicine & Ethics
Pharmaceutical Economics and Policy
article

Abuse of Dominant Position, Effective Judicial Protection and Abuse of Procedure

Enrique Muñoz, Carmen de Vivero de Porras
article en

Abstract

On October 21, 2022, the Spanish Competition Agency (CNMC) sanctioned the North American pharmaceutical company Merck Sharp & Dohme for abuse of a dominant position. The practice for which it was finally sanctioned consisted of the adoption of a strategy aimed at delaying and making it difficult for another company to enter the Spanish medicines market in order to protect sales for a product marketed exclusively by that company and for which had a patent. This paper analyzes this resolution in an attempt to delimit the difference between the legitimate exercise of the right to effective judicial protection and its abuse.

The Journal of Law Medicine & EthicsVol. 53(3)
Universidad de Málaga (ES)
Universidad de Málaga, European Commission, University College Dublin, Universidad Nacional de Educación a Distancia, HORIZON EUROPE Framework Programme, Research Executive Agency, H2020 Marie Skłodowska-Curie Actions
Peace, Justice and strong institutions
Openalex Percentile: Top 74%
Pharmaceutical Economics and Policy
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Abuse of Dominant Position, Effective Judicial Protection and Abuse of Procedure — Enrique Muñoz, Carmen de Vivero de Porras · The Journal of Law Medicine & Ethics (2025) | TGRS Research Map | TGRS