Towards Responsive EU Antitrust Enforcement Regarding Pharmaceuticals

This paper examines the way EU competition law is applied to the pharmaceutical sector, focusing on the approach by DG Competition and the Dutch NCA by way of example. After examining the structure and objectives of EU competition law and traditional enforcement strategies, it advocates a responsive approach, based on the work of John Braithwaite. It is expected that this will help to address capacity problems and aid competition policy regarding pharmaceuticals in becoming more effective, while preserving its legitimacy. Part of this strategy is promoting more private enforcement. An expected side-benefit of relying on a responsive approach is that it will allow competition authorities to address currently underenforced related areas like medical devices and information technology in healthcare