The French Competition Council deems that pharmaceutical companies can, under certain conditions, impose quotas restricting parallel exports (Pharma-Lab / GlaxoSmithKline)

Summary This decision of the French Competition Council concerns the quota systems put in place by pharmaceutical companies in the framework of wholesaling, here limited to exporter wholesalers. The Plaintiffs were : Pharma-Lab, Pharmajet, Pharmadex TMC, European Trade Company and AD Pharm. The Defendants were : GlaxoSmithkline (GSK), Lilly France, Boehringer Ingelheim, Wyeth Lederlé, Leo France, Ferring, Abbott Medisense France, Novartis Pharma, Pfizer, Merck Sharp et Dohme-Chibret (MSD), Norgine Pharma, Fournier, Sanofi-Synthelabo, Smith Nephew, Janssen-Cilag, Shering Plough, LifeScan, Aventis, Bayer Diagnostics, NovoNordisk, Astra Zeneca) The Competition Council decides that there is infringement neither to Article L. 420-1 of the French Commercial Code, nor to Article 81 EC, as

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  • European Court of Justice (Luxembourg)

Quotation

Olivia Davidson, The French Competition Council deems that pharmaceutical companies can, under certain conditions, impose quotas restricting parallel exports (Pharma-Lab / GlaxoSmithKline), 20 December 2005, e-Competitions Bulletin Parallel imports, Art. N° 408

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