On 24 February 2026 3-4.30pm GMT, EUHealthGov hosted the launch of a Symposium entitled ‘Public Health, Markets, and Law’ published recently in the Journal of Law, Medicine and Ethics of the American Society of Law, Medicine and Ethics, and guest-edited by Dr Mina Hosseini and Professor Imelda Maher (both UCD).
The role of markets in public health, and the frameworks provided by law to regulate and support these, generate wide-ranging questions. Acknowledging the existence of markets in public health, and the diverse aspects of law which come into play, means that discussions which respond to these can be enriched.
The guest-editors highlighted the contextual relevance of the COVID-19 pandemic as well as Dr Mina Hosseini’s COMPHACRISIS project in shaping discussions and analysis which has culminated in this Symposium. Professor Imelda Maher highlighted three themes uniting the Symposium papers: time, the State, and interest, particularly the public interest.
The webinar organised the papers into three thematic sections: pharmaceuticals and access to medicines, pandemic responses, and competition policy.
Pharmaceuticals and access to medicines
Professor Susi Geiger (UCD) examined the temporalities of current pharmaceutical markets with a view to devising a set of principles and practices to break with these and outline a social contract for a new (temporal) political economy of pharmaceuticals.
Dr Pramiti Parwani (Warwick) engaged with the question of what institutional dynamics catalyze European external regulatory impact on pharmaceutical governance in low- and middle-income countries (LMICs), focusing on the technocratic outreach beyond European borders of the European Medicines Agency (EMA) and the European Patent Office (EPO).
Dr Katrina Perehudoff (Amsterdam) explored the specific needs of people with disabilities in LMICs, focusing on the EU’s extraterritorial legal obligations under the Convention on the Rights of Persons with Disabilities (CRPD).
Pandemic responses
Professor Aisling McMahon (Maynooth) used the role of intellectual property rights (IPRs) in global access to vaccines during the COVID-19 pandemic to argue that key aspects of the current institutional system align towards delivering individualistic state/ regional/ rightsholders priorities in the use of IPRs over pandemic health technologies.
Dr Mina Hosseini (UCD) reviewed the European Commission’s centralized procurement approach for vaccines during the COVID-19 pandemic to identify critical challenges and propose a novel Fairness, Accountability, Competition Law, Ethics of Innovation, and Resilience (FACER) framework as a tool for EU policymakers to enhance vaccine strategy and equity in future health crises.
Competition policy
Dr Carmen de Vivero de Porras and Dr Enrique Sanjuán y Muñoz (Málaga and Málaga) examined the Spanish Competition Authority’s judgment in sanctioning the North American pharmaceutical company Merck Sharp & Dohme for abuse of a dominant position in order to delimit the difference between the legitimate and abusive exercise of the right to effective judicial protection.
Dr Łukasz Grzejdziak (Strathclyde) highlighted the emergence of a distinct, sector-specific notion of economic activity (“undertaking”) in the context of services delivered within public healthcare systems which risks generating significant distortions of competition in mixed public/private healthcare systems such as Poland.
Dr Mary Guy (TCD) juxtaposed the CJEU’s judgment in Casa Regina Apostolorum with the treatment of public hospitals in Commission decisions regarding state aid and services of general economic interest (SGEI), finding not only that two levels of analysis can emerge depending on Member State input, but also that the requirement for cross-border effects on trade may also prove as decisive as an economic activity in deciding whether EU (as distinct from national) competition law applies.
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You can find the full webinar recording here.
The full Symposium is available here.
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