The abuse of excessive pricing and the case of the pharmaceutical sector

The present work is born with the aim of providing guidance when dealing with a complex subject that is both recent and relevant for society in general. Excessive pricing has proved to be an issue of increasing relevance and con-cern, as demonstrated by the number of recent cases across the world, espe-cially in the pharmaceutical sector. The matter is still highly debated both in the literature and in courts. Besides, competition authorities have encountered considerable difficulties in enfor-cing the provision against excessive pricing.The main issues revolving around excessive pricing and, specifically, excessive pricing in the pharmaceutical sector, can be synthesized as follows:

1. How to define excessive pricing;
2. What are the possible models for a provision against excessive pricing;
3. How to assess price levels;
4. Whether to enforce the provision against excessive pricing;
5. When to do so;
6. How the various jurisdictions have approached excessive pricing in practice;
7. How this framework applies to the pharmaceutical sector, considering its peculiarities, also in the light of recent decisions;
8. Which remedies are available to address excessive pricing.