EU competition law has played an important role in shaping EU energy markets, albeit in a rather opaque manner. The application of Article 102 TFEU in the energy sector after the completion of the Energy Sector Inquiry supports this contention, since the Commission’s decisional practice has endorsed a more flexible application of Article 102 TFEU via commitment decisions. While such a practice arguably may further disguise regulatory aims, it enhances competition and entails benefits for the implicated actors and the completion of the EU Internal Energy Market. Given that such flexible application has been endorsed by the Commission, the implicated actors and the European courts, it is time to acknowledge that the application of EU competition law in the energy sector will occasionally assume a regulatory tone. This realization will aid the improvement of current mechanisms by infusing more transparency into the process and designing remedies that account for concrete benefits for affected parties. Tackling the opaqueness in procedural enforcement may further account for a more principled substantive application.
Maria Ioannidou and Ioannis Kokkoris
This chapter discusses the role of competition law in the pharmaceutical sector in developing economies in an attempt to ascertain whether it can be used as a tool for delivering better-priced medicines to larger segments of the population. The reason we focus on BRICS is threefold. First, it is timely to map out the emerging issues in these countries, in the light of recent and emerging litigation. Second, these countries present common characteristics, in terms of economic, social and legal developments that allow general conclusions to be drawn that are not necessarily applicable to other developing countries. They have also adopted competition laws rather recently. Third, BRICS have emerged as important players in the global economy. The chapter focuses on competition law and does not cover IP and trade law. Instead, it explores the possibility of competition law acting as a “gap filler” addressing shortcomings in patent policy and therefore IP law is discussed to the extent that it intersects with competition law. The chapter also discusses more traditional competition law infringements – such as cartels - to the extent that the competition authorities in BRICS have addressed such cases in the pharmaceutical sector.