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EU Competition and Internal Market Law in the Healthcare Sector

EU Competition and Internal Market Law in the Healthcare Sector Author Leigh Hancher
ISBN-10 0199642176
Release 2012-09-20
Pages 400
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This work gives an overview of the impact of EU competition rules and internal market law on healthcare systems in Europe. It covers EU law developments on patients' rights and Services of General Economic Interest (SGEI).



EU Health Systems and Distributive Justice

EU Health Systems and Distributive Justice Author Danielle Da Costa Leite Borges
ISBN-10 9781317240631
Release 2016-07-01
Pages 227
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EU Health Systems and Distributive Justice uses theories of distributive justice to examine tensions created by the application of the Internal Market rules to the provision of health care services within the European Union. Using the concepts and principles embedded in the theories of egalitarianism and libertarianism, this book analyses the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. This analysis is conducted using the specific issue of cross-border health care. This book makes innovative contributions to the study of the relationship between EU health systems and the Internal Market – it encompasses the analysis of all principles recognised by EU institutions as guiding principles of European health systems; it integrates human rights law and practice into the discussion of the EU Court of Justice’s approach to patient mobility cases; and it assesses the potential impact of the Internal Market over EU health systems through the lens of distributive justice, looking at the underlying principles of these systems that are mostly concerned with social justice. Ultimately, this is not a book on EU law and health care, but it is a book on distributive justice, health care and the principles and policies guiding European health systems.



The Interface between Competition and the Internal Market

The Interface between Competition and the Internal Market Author Vasiliki Brisimi
ISBN-10 9781782254485
Release 2014-12-01
Pages 273
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This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.



Research Handbook on EU Health Law and Policy

Research Handbook on EU Health Law and Policy Author Tamara K. Hervey
ISBN-10 9781785364723
Release 2017-03-31
Pages 640
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The steady expansion of the European Union’s involvement in health over the past 20 years has been accelerated by recent events. This handbook offers an up-to-date analytical overview of the most important topics in EU health law and policy. It outlines, as far as possible, the direction of travel for each topic and suggests research agenda(s) for the future.



European Competition Law Annual 2012

European Competition Law Annual 2012 Author Philip Lowe
ISBN-10 9781782254812
Release 2014-10-31
Pages 522
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This volume contains papers presented at the 17th Annual EU Competition Law and Policy Workshop, organized by Philip Lowe and Mel Marquis and held at the European University Institute on 13-14 July 2012. From a variety of angles the book explores the themes of competition, regulation and certain public policies; their interactions; and, in some cases, their mutual tensions. The authors of the various chapters consider legal and economic issues relating to network industries, industrial, environmental and trade policies, and intellectual property and innovation policies, among others. Comparative views and the views of judges from different jurisdictions are provided, and techniques for mediating among different policy objectives and frameworks are discussed. Authors contributing to this book include: Rafael Allendesalazar, Robert D Anderson, Marco Boccaccio, Ginevra Bruzzone, Cristina Caffarra, Alexandre de Streel, Ian Forrester, Douglas Ginsburg, Geert Goeteyn, Calvin Goldman, Daniel Haar, KÃ1⁄4llike JÃ1⁄4rimäe, Suzanne Kingston, Lars Kjà ̧lbye, Paul Lugard, Mel Marquis, Veljko Milutinovic, Giorgio Monti, Anna Caroline MÃ1⁄4ller, Rosa Perna, Anthony Pygram, Philip Lowe, Pierre Régibeau and Jon Stern.



European Union Health Law

European Union Health Law Author Tamara K. Hervey
ISBN-10 9781107010499
Release 2015-10-09
Pages 650
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The first holistic and thematic study of EU health law, and its implications, through its own internal logics.



Public Services in EU Law

Public Services in EU Law Author Wolf Sauter
ISBN-10 9781316195079
Release 2014-11-27
Pages
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In the EU public services, utilities and welfare services can be seen as both building blocks for the internal market and as a persistent irritant in the integration process. This book provides a comprehensive overview of the EU law on public services within the context of European integration. It brings together important analysis of the primary Treaty law, mainly on the internal market and competition, and of the secondary legislation at EU level, including different sector specific regimes. Particular attention is given to case law of the EU courts. This will be essential reading for those looking to have a broader understanding of the subject.



Health Care and EU Law

Health Care and EU Law Author Johan Willem van de Gronden
ISBN-10 9067047287
Release 2011-05-18
Pages 506
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The aim of the present volume is to explore the consequences of the impact of the EU rules for the internal market (including the proposed Directive on patients’ rights) and competition on national health care systems. It will also address how related areas, such as EU public procurement law and WTO law, influence national healthcare organisation and Member State autonomy.



Capacity Mechanisms in the EU Energy Market

Capacity Mechanisms in the EU Energy Market Author Leigh Hancher
ISBN-10 9780191066184
Release 2015-09-24
Pages 400
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Ensuring an adequate, long-term energy supply is a paramount concern in Europe. EU member states now intervene by encouraging investment in generation capacity, offering an additional revenue stream for conventional power plants in addition to the existing, heavily subsidised investments in renewable energy sources. These capacity remuneration mechanisms (or simply capacity mechanisms) have become a hot topic in the wider European regulatory debate. European electricity markets are increasingly interconnected, so the introduction of a capacity mechanism in one country not only distorts its national market but may have unforeseeable consequences for neighbouring electricity markets. If these mechanisms are adopted by several member states with no supra-national coordination and no consideration for their cross-border impact, they may cause serious market distortions and put the future of the European internal electricity market at risk. This book provides readers with an in-depth analysis of capacity mechanisms, written by an expert team of policy-makers, economists, and legal professionals. It will be a first point of reference for regulators and policy-makers responsible for designing optimal capacity mechanisms in Europe, and will be an invaluable resource for academics and practitioners in the fields of energy, regulation, and competition.



Health Care Law making in Central and Eastern Europe

Health Care Law making in Central and Eastern Europe Author André den Exter
ISBN-10 9789050952538
Release 2002-01-01
Pages 371
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This book examines the relevance of a theoretical model of health care lawmaking in several Central-Eastern European countries. Confronted with the legacy of the ancient regime, the countries selected shifted away from a 'socialist' model towards a more 'market-oriented' health care system. From a legal perspective, this change of system imposed on government the need for drastic reforms starting with the introduction of a compulsory health insurance scheme based on the notion of solidarity. Future accession to the EU, requiring the incorporation of the acquis communautaire, has increased the complexity of legal reforms since. Strengthening the reform process, the author developed a method of law-making based on legaltheoretical understanding. Case study research in three selected countries justifies the conclusion that the analytical model rationalises the law-making activity, including the 'EU law approximation process'. What is more, it became apparent that the importance of this theoretical model is not restricted only to the selected countries but may also be a valuable instrument for other countries in transition in the region. Health care law-making in Central and Eastern Europe - Review of a legal-theoretical model provides a unique resource for scholars and policy makers interested in legal reforms in Central- Eastern European health care systems.



Health Systems Governance in Europe

Health Systems Governance in Europe Author Elias Mossialos
ISBN-10 9780521761383
Release 2010-03-25
Pages 762
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There is a fundamental contradiction at the core of health policy in the EU that makes it difficult to draw a line between EU and Member State responsibilities. This book thus offers a comprehensive discussion of a number of current and emerging governance issues in EU health policy.



The Future of Medicines in Health Care

The Future of Medicines in Health Care Author Steering Committee on Future Health Scenarios
ISBN-10 0792336240
Release 1995-07-31
Pages 300
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The future place of medicines in health care is both exciting and uncertain. With an aging population, an increasing number of chronic sick, a growing range of treatment options and a developing European market, the one certainty is that medication patterns will change radically over the next 15 years or so. How the future might look, in terms of quality, volume and cost of pharmacotherapy, is the subject of this report. Four scenarios for the future are set out, all of which take account of already visible trends. Sobriety in sufficiency envisages rational and restrained consumption patterns. Risk of avoidance is dominated by fears of iatrogenic harm and hence minimal drug use. The central feature of Technology on demand, in contrast, is confidence in technological progress. Free market unfettered, finally, is marked by a Europe without frontiers and minimal state intervention. The reader is encouraged to reflect without preconceptions on the future of medicines in health care. No ready-made answers are offered; rather, a wealth of information and analysis is provided which serves to underpin decision making and policy development, not just by central government but also by every institution concerned with the role of medicines in health care.



Market Integration and Public Services in the European Union

Market Integration and Public Services in the European Union Author Marise Cremona
ISBN-10 9780199607730
Release 2011-03-03
Pages 255
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This collection offers a timely analysis of the most pressing issues relating to the interaction between market integration and the provision of public services in the EU. Addressing both underlying systemic issues and case-studies of particular service sectors, the book confronts core tensions at the heart of the EU's social and economic policy.



Health Care and Its Financing in the Single European Market

Health Care and Its Financing in the Single European Market Author Reiner Leidl
ISBN-10 9051993595
Release 1998
Pages 343
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Health care and its financing will not be harmonized within the European Union (EU). Therefore, the differences between the health systems of the member-states in a Single European Market are gaining in relevance. The process of economic integration also effects health. This book integrates economics, law, social, political and health sciences in the analysis of health care issues in the EU. It covers the development of health systems and policy in the community, the markets for pharmaceuticals and for medical devices, EU-trends in hospital financing, issues in the comparison of financing systems, especially in the field of private expenditures, reforms of health care financing in social security systems and national health services in the EU and cross-border health care between EU member-states. The results feature an up-to date overview on the European dimension of health care and its financing. The book is relevant to experts in health care organizations, policy, industry and research.



European Union Law for the Twenty first Century Internal market and free movement community policies

European Union Law for the Twenty first Century  Internal market and free movement community policies Author Takis Tridimas
ISBN-10 1841134600
Release 2004
Pages 418
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Based on the contributions made to the W.G. Hart Workshop 2003, leading experts seek to assess the state of the development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European constitution.



Services of General Interest Beyond the Single Market

Services of General Interest Beyond the Single Market Author Markus Krajewski
ISBN-10 9789462650633
Release 2015-06-23
Pages 401
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This is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU’s external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives. Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany.



Research Handbook on Intellectual Property and Competition Law

Research Handbook on Intellectual Property and Competition Law Author Josef Drexl
ISBN-10 9781848443853
Release 2010-01-01
Pages 512
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The volume offers an outstanding collection of studies on the interaction of IP and competition policy and is highly recommended for academics, graduate students, and practitioners with an interest in more theoretical studies. Ioannis Lianos, World Competition Each chapter in the Research Handbook on Intellectual Property and Competition Law is written so lucidly that it will be of great interest to law professors and post graduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law. Madhu Sahni, Journal of Intellectual Property Rights This is a book that delivers on its promise. With a strong cast of contributors from a variety of countries, economies and disciplines, it makes the reader wonder how any commercially attractive IP ever gets exploited at all. IPKAT Here it comes: the book that I have been waiting for! This will surely be an inspiring source of knowledge in my Masters Programme in European Intellectual Property Law at Stockholm University. While promoting intellectual property protection as an important means for innovations and cultural developments, a critical analysis and a flexible approach to the needs for free creative space and effective competition is crucial. As this book so well illustrates, this delicate balance is no either or. Marianne Levin, Stockholm University, Sweden This comprehensive Handbook brings together contributions from American, Canadian, European, and Japanese writers to better explore the interface between competition and intellectual property law. Issues range from the fundamental to the specific, each considered from the angle of cartels, dominant positions, and mergers. Topics covered include, among others, technology licensing, the doctrine of exhaustion, network industries, innovation, patents, and copyright. Appropriate space is devoted to the latest developments in European and American antitrust law, such as the more economic approach and the question of anti-competitive abuses of intellectual property rights. Each original chapter reflects extensive comments by all other contributors, an approach which ensures a diversity of perspectives within a systematic framework. These cutting edge articles will be of great interest to law professors and postgraduate students of intellectual property and competition law, as well as those interested in innovation and competition theory, and legal practices in intellectual property and competition law.