The master's thesis focuses on analyzing the legal framework of the market for medical devices. The main subject of the analysis is the relevant legislation and case law regarding the prescription advertising of medical devices, especially when the nature of the advert is not obvious for the consumer. In particular, these are situations where, for example, a doctor conducts their business in the same premises where a retailer for medical devices conducts sales, or situations where a doctor is connected to the manufacturer or supplier of medical devices whose product they recommend to patients. The paper analyzes advertising of medical devices by comparing three different potential aspects of regulation addressing the issue. The first aspect is based around a person's right to medical treatment and the doctor's duty to inform the patient regarding their condition, which is a necessary prerequisite for the realization of the patient's rights. As part of the duty to inform the patient, the doctor must disclose all information that could influence the patient's decision regarding treatment. The second aspect is the protection of a patient as a consumer from misleading advertising, which includes the omission of information that could cause the consumer to make a decision about a transaction that they would not otherwise have made. The third aspect relates to the applicability of competition law in the healthcare sector both on the EU and Slovenian level. The focus of the analysis will be the restriction of competition under 101 and 102 of the TFEU and unfair competition regarding the advertising of medical devices. The overview includes a comparison with other jurisdictions around the world.
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