The French Supreme Court rejects an appeal by a pharmaceutical company which alleged that a €21M fine imposed by the competition authority was erroneous (Janssen-Cilag)

On 1 June 2022, the French Supreme Court (the “Supreme Court”) entirely dismissed the appeal of Janssen-Cilag (“Janssen”) and its parent company Johnson & Johnson against a judgment of the Paris Court of Appeal (the “Court of Appeal”) of 11 July 2019 in the Durogesic® case. However, this ruling is impactful for the pharmaceutical sector as it clarifies, for the first time, the scope of the French Competition Authority’s (“FCA”) jurisdiction to review, under Article 102 of the Treaty on the Functioning of the European Union and Article L. 420-2 of the French Commercial Code, the communications of pharmaceutical firms with health authorities. In its decision no.17-D-25 of 20 December 2017, the FCA had sanctioned Janssen and its parent company Johnson & Johnson with a €25 million fine for

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Mélanie Thill-Tayara, Marion Provost, The French Supreme Court rejects an appeal by a pharmaceutical company which alleged that a €21M fine imposed by the competition authority was erroneous (Janssen-Cilag), 1 June 2022, e-Competitions August 2022, Art. N° 107634

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