The EU Court of Justice entirely dismisses pharmaceutical company’s appeal on abusive patent misuse (AstraZeneca)

I. Introduction On 6 December 2012, the CJEU issued its judgment in the long-running AstraZeneca litigation. The General Court's judgment has been upheld in its entirety. The only victorious battle scored by the appellant refers to what type of conduct before the national regulatory authorities may constitute an abuse of a dominant position. The present paper refers in more detail to the substantiation of abusive practices and addresses some points of view usually expressed by the critics. The market definition provided by the Commission has nonetheless been maintained. The Commission's large discretion to define a narrow product market in order to substantiate a dominant position has been endorsed by the CJEU. The assessment of a dominant position is treated briefly in a distinct

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  • Mircea & Partners (Bucharest)

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Emanuela Matei, The EU Court of Justice entirely dismisses pharmaceutical company’s appeal on abusive patent misuse (AstraZeneca), 6 December 2012, e-Competitions Bulletin Pharma & Dominance, Art. N° 50294

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