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jdv23@cam.ac.uk

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Research Associate

Education CV

  • PhD in Law Candidate 2019–present (Trinity College, University of Cambridge, Centre for Law, Medicine and Life Sciences Hatton-WYNG Studentship) 
  • LLM with a specialisation in European law (First class, Trinity College, University of Cambridge 2019)
  • LLB in International and European Law (Cum laude, University of Groningen 2018)
  • BA in Peace and Conflict Studies (Dean's Honours List, University of Waterloo 2015)

Fields of research

Competition, pharmaceutical, and EU law

 

On the Application of Article 102 TFEU in the Pharmaceutical Sector

Summary

Even before the COVID-19 pandemic, European Union (EU) Member State health budgets were already under strain and the pace of pharmaceutical innovation was under scrutiny. One proposed tool to address these issues has been the enforcement of competition law, as suggested in the Commission’s 2020 Pharmaceutical Strategy. Article 102 of the Treaty on the Functioning of the European Union (TFEU) has especially been invoked by competition authorities in this sector in recent years. However, no comprehensive research into the application of this prohibition in this sector has been conducted. This PhD thesis seeks to fill that gap, by asking how Article 102 TFEU has been and should be applied in the pharmaceutical sector. This question has two dimensions, the broader and the narrower. The broader focuses on the development of analytical taxonomies in respect to each element of Article 102 TFEU (market definition, dominance, and abuse). These findings can be used to systematise competition law analyses and future research. The narrower dimension of this thesis focuses on how this provision has been and should be applied to facilitate the core objectives of EU public pharmaceutical policy, i.e. affordability and innovativeness. The findings derived from this question are argued to influence the core objectives of the EU Pharmaceutical Strategy in direct and indirect ways. 

Supervisors

Professor Albertina Albors-Llorens

Start Date

Oct 2019

End date

Oct 2022

Publications

 

Articles

"D. Kochenov, O. Gstrein, and J. Veraldi, The Naturalisation–Privacy Interface: Publication of Personal Data of New Citizens vs European Privacy Standards’ " Jean Monnet WP 08/18, forthcoming in Houston Journal of International Law 2020

Citation:
Jean Monnet WP 08/18, forthcoming in Houston Journal of International Law 2020
Published: Nov 2019

"E. ‘t Hoen, J. Veraldi, B. Toebes, and H.V. Hogerzeil, 'Medicine procurement and the use of flexibilities in the Agreement on Trade-Related Aspects of Intellectual Property Rights, 2001–2016' " (2018) 96 WHO Bulletin 185

Citation:
(2018) 96 WHO Bulletin 185
Published: Feb 2018

Book Chapters

"Nothing to Hide? Transparency Requirements, Accountability, and Privacy in Investment Migration" (with Oskar Gstrein) in Dimitry Kochenov, Martijn van den Brink, and Madeleine Sumption (ed(s)), Residence and Citizenship for Sale (Hart), forthcoming

Publisher:
Hart
Published Forthcoming

"The Politics of the Constitutionalisation of Corporate Power in Europe" (with Matthew Hassall) in Mark Tushnet and Dimitry Kochenov (ed(s)), The Politics of Constitutional Law (Edward Elgar), forthcoming

Publisher:
Edward Elgar
Published Forthcoming

"Canadian Nationality: The Value of Belonging", D. Kochenov and J. Lindeboom (eds), Kälin and Kochenov’s Quality of Nationality Index (Hart, 2020)

"M.E. Gispen and J. Veraldi, 'A Human Rights Approach to the Regulation of Electronic Cigarettes'", Lukasz Gruszczynski (ed), The Regulation of E-cigarettes: International, European and National Challenges (Edward Elgar, 2019)

Publisher:
Edward Elgar
ISBN 13:
978 1 78897 046 4
Published Aug 2019

Reports

K. Perehudoff, S. Wimmer, E, 't Hoen, and J. Veraldi, 'New and Affordable Medicines in the Netherlands – Tracing the Dutch Government’s Policy Commitments and Actions'

Body / Institution:
Health Action International
Published: Nov 2019