EU Court of Justice Advocate General Colomer gives opinion on an abuse of dominant position in the pharmaceutical sector (Lélos kai Sia)

On 1 April 2008, Advocate General Colomer gave his opinion in Joined Cases C-468/06 to C-478/06 Sot. Lélos Kai Sia EE (and Others) v GlaxoSmithKline AEVE.The case relates to a long series of disputes in Greece where GlaxoSmithKline has been accused of abusing its dominant position by reducing supplies of pharmaceutical products to wholesalers. In his opinion, Advocate General Colomer concluded that a refusal by a dominant company to meet the orders of wholesalers in order to limit parallel trade constitutes an abuse unless it can be objectively justified. In the present case, the Advocate General did not accept GlaxoSmithKline’s attempts to justify the refusal to supply on the basis of either the regulated pricing system for pharmaceutical products, or the legal duty to service the

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Authors

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

Quotation

Tim Kasten, Sean Gerlich, EU Court of Justice Advocate General Colomer gives opinion on an abuse of dominant position in the pharmaceutical sector (Lélos kai Sia), 1 April 2008, e-Competitions Bulletin April 2008, Art. N° 44868

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