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.
Authors
- Enrique Muñoz (ORCID: https://orcid.org/0000-0002-1698-6156)
- Carmen de Vivero de Porras
Institutions
- Universidad de Málaga (ES)
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
Funders
- 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