The French Supreme Court confirms rebutting of an appeal against an NCA’s decision sanctioning predatory pricing in the market for sodic cefuroxime (GlaxoSmithKline)

On 17 March 2009, the French Supreme Court confirmed a case dated 8 April 2008 in which the Paris Court of Appeal overruled a decision by the French NCA (the “NCA”) sanctioning GlaxoSmithLine (“GSK”) for predatory pricing in the market for sodic cefuroxime. Background This case does not reflect common predatory pricing cases. First, the alleged abusive practice occurred in a non-dominated market. According to the NCA, GSK had used predatory pricing in the market for sodic cefuroxime (Zinnat injectable) in which it did not hold any dominant position, in order to protect its dominant position in the market for injectable acyclovir (Zovirax). Second, the alleged abusive conduct relied on a predatory strategy based on reputation effect on the dominated market. According to the NCA, GSK's

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Authors

  • White & Case (Paris)
  • Cullen International (Brussels)

Quotation

Juliette Goyer, Suzanne Jude, The French Supreme Court confirms rebutting of an appeal against an NCA’s decision sanctioning predatory pricing in the market for sodic cefuroxime (GlaxoSmithKline), 17 March 2009, e-Competitions Bulletin Pharma & Dominance, Art. N° 26440

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