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Il commercio parallelo di farmaci tra libera circolazione delle merci e prospettive evolutive nell’ambito della nuova Strategia farmaceutica per l’Europa

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Abstract: Parallel trade of pharmaceuticals is one of the most contended issues emerging from this industrial sector, which requires to strike a sensitive balance between the fundamental tenets of the internal market (particularly the free movement of goods), the Member States’ competence in regulating the prices of medicines and the conflicting...

Tempus and Two Visions of the Required Level of Diligence in State Aid Assessment

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Keywords: State aid – preliminary examination – compatibility of aid – serious doubts – pre-notification contacts – electricity capacity market.

In the judgment in case C‑57/19 P Commission v Tempus Energy and Tempus Energy Technology,[1] the Court of Justice...

The New European Commission Decision on Standard Contractual Clauses: A System Reform?

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Keywords: standard contractual clauses – Commission Implementing Decision - cross border data flows – personal data processing – data protection – controller and processor’s responsibility.
 

Standard contractual clauses (SCC) constitute one of the legal bases that under Regulation (EU) 679/2016 allow data...

Google Shopping and the Quest for a Legal Test for Self-preferencing Under Article 102 TFEU

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Abstract: Does a dominant firm abuse its market power in violation of EU competition law and, more specifically, art. 102 TFEU if it accords more favourable treatment to its own products or services than to those of its rivals? In answering this question in the affirmative and holding that self-preferencing constitutes a novel type of abuse of...

The Court of Justice’s Sumal Judgment: Civil Liability of a Subsidiary for its Parent’s Infringement of EU Competition Law

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Abstract: The judgment of the Court of Justice in the Sumal ECLI:EU:C:2021:800 case charts new territory in the application of the concept of the “economic unit” in EU competition law. In addition to the established principles regarding the liability of the economic unit for fines imposed by the European Commission, the Court has found that...

The Role of Soft-Law in Adjudicating Corporate Human Rights Abuses: Interpreting the Alien Tort Statute in the Light of the UN Guiding Principles on Business and Human Rights

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Abstract: In the last years, the Alien Tort Statute (ATS) has been used as main reference for human rights litigation against corporations in the US. However, subsequent interpretation of the ATS by the US Supreme Court has progressively narrowed its scope of application, so that now it hardly can be considered as a viable legal basis for claims...

The General Court in Amazon and Engie: A New Effect-based Approach Aimed at the Endorsement of the 'Vestager Doctrine'?

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Abstract: The rulings of the General Court in the cases of Amazon and Engie (respectively, joined cases T-816/17 and T-318/18 Luxembourg. v Commission ECLI:EU:T:2021:252 and joined cases T-516/18 and T-525/18 Luxembourg v Commission ECLI:EU:T:2021:25) are the last two episodes of the “tax ruling saga”. This ...

New Clarifications on Ending the Union Citizen’s Right of Residence: The Grand Chamber Decisions of the European Court of Justice of 22 June 2021 in C-718/19 and C-719/19

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Abstract: In two Grand Chamber decisions of 22 June 2021 (case C-718/19 Ordre des barreaux francophones and germanophone and Others ECLI:EU:C:2021:505; and case C-719/19 Staatssecretaris van Justitie en Veiligheid ECLI:EU:C:2021:506), the European Court of Justice (ECJ) delivered new clarifications on ending the Union citizen’s...

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