The EU Court of Justice issues judgment on restrictions of parallel trade in pharmaceuticals (Lélos kai Sia)

On 16 September 2008, the European Court of Justice (“ECJ”) handed down its judgment in Joined Cases C-468-478/06, answering the questions posed by the Athens Court of Appeals in proceedings against a decision finding that Glaxo Smith Kline (“GSK”) had not abused its dominant position by limiting the quantities of pharmaceuticals it sold to wholesalers in an effort to prevent wholesalers from buying drugs in low-price jurisdictions to sell to pharmacies in high-price jurisdictions. While the judgment leaves open several important questions to be determined by the European Commission, national competition authorities (“NCAs”) and national courts, it does at least provide a framework within which to analyse refusals to supply by dominant pharmaceutical undertakings where those refusals are

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Authors

  • Van Bael & Bellis (Brussels)
  • Practising Law Institute (New York)

Quotation

Tim Kasten, Sean Gerlich, The EU Court of Justice issues judgment on restrictions of parallel trade in pharmaceuticals (Lélos kai Sia), 16 September 2008, e-Competitions Bulletin Pharma & Dominance, Art. N° 44675

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