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The Essential Facilities Doctrine Before European Community Courts: Ostracised Or Expanded?, Anastasios Antoniou

Anastasios A. Antoniou

No abstract provided.

Article 82: Gestalt, Myths, Lessons, Reza Dibadj

Reza Dibadj

Article 82 of the Treaty Establishing the European Community, which prohibits abuse of a dominant position, is the counterpart to the anti-monopolization provisions contained in Section 2 of the Sherman Act. Unfortunately, however, commentators have variously criticized recent applications of Article 82 as outdated, protectionist, inconsistent - and perhaps most damaging of all, based on faulty economics. This paper takes issue with these critiques to offer support for a robust Article 82. Narrow analyses focused on the provision's language or specific judicial decisions offer little insight. Rather, an appreciation for Article 82 can only emerge through a richer contextual analysis …

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Embracing Price Discrimination: Trips And The Suppression Of Parallel Trade In Pharmaceuticals, Hans Henrik Lidgard, Jeffery Atik

Hans Henrik Lidgard

In December 2005, the WTO responded to the HIV/AIDS pharmaceutical crisis in the least developed world by voting to make the first permanent amendment to the WTO Agreements since their original negotiation during the Uruguay Round. New Article 31bis will amend the TRIPS Agreement to permit compulsory manufacturing licenses in order to facilitate supply of needed pharmaceuticals to those countries lacking the technological capacity to produce these drugs themselves. The amendment reflects a substantial shift in the essential TRIPS bargain, constituting a significant give-back to those developing countries that specialize in the generic production of pharmaceuticals. To date, however, there …