Petrucci, Carlo 2010, 'Parallel trade of pharmaceutical products: the ECJ finally speaks— Comment on GlaxoSmithKline' , European Law Review (2) , pp. 275-286.

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Abstract

This article reviews the ECJ’s judgment in GlaxoSmithKline that overturned some important findings of the CFI’s decision. It criticises the longstanding problematic distinction between anti-competitive object and effect and, in particular, whether distribution agreements that limit parallel trade fit into the category of agreement having an anti-competitive object. Given that the ECJ’s decision reasserted a multi- goal approach to EU competition law, it is argued that the judgment leaves some issues unresolved. Similarly, the issues of the effects of price regulation and research and development (R&D) funding have not been dealt with adequately.

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