Transparency process in the pharmaceutical industry in UE. Disclosure of payments to heathcare professionals

Abstract

The paper describes the transparency process in the pharmaceutical industry in UE. Recent socio-economical changes put more attention on social and ethical performance of enterprises. The European Federation of Pharmaceutical Industries and Associations (EFPIA) adopted the Code on Disclosure of Transfer of Value from Pharmaceutical Companies to Healthcare Professionals and Healthcare Organisation. The proposal of the Code was that the EFPIA members pharmaceutical companies, since 2016, would publish all data related to the transfer of values made to healthcare professionals. The paper analyse main concerns and the outcomes of this initiative.

Restrictions on the Use of Analogy in Law

Abstract

This article touches on the issue of the restrictions and bans concerning the use of analogical reasoning in law. In order to clearly present this topic, the Author appeals to different branches of law, having thus a separate regard for criminal law, tax law, administrative law, private law and legal procedures. In this context, he also pays attention to the domain of the constitutional law and the practice of the Court of Justice of the European Union. Additionally, allowance has been made for some other interpretative directives that aim to truncate the potential usage of an analogical argument in law such as the principle that exceptions should not be extended, the requirement not to meddle with the plain and precise meaning of the wording of statutory provision or a ban on negating the ‘exhaustive’ nature of some statutory enumerations through extending them analogically.

The Regulation of “Passing-On” in the Directive 2014/104/EU

Abstract

Passing-on of overcharges is a very relevant issue in the context of the private application of Competition Law since it is intimately connected to the very foundation of actions for damages. This paper analyses the regulatory option taken in the Directive 2014/104/EU in this respect, studying both the legal standing of indirect purchasers and the passing-on defence, and points out some practical problems that will very probably undermine the effectiveness of the system of private application of Competition Law.