The EU Court of Justice states that the Commission’s erred in law in finding that a pharmaceutical company had abused its dominant position by concluding exclusive purchase agreements (Hoffman-La-Roche)

JUDGMENT OF THE COURT OF 13 FEBRUARY 1979 [1] Hoffmann-La Roche & Co. AG v Commission of the European Communities "Dominant position" Case 85/76* Observance of the right to be heard is in all proceedings in which sanctions, in particular fines or penalty payments, may be imposed a fundamental principle of Community law which must be respected even if the proceedings in question are administrative proceedings. In the matter of competition and in the context of proceedings for a finding of infringements of Articles 85 or 86 of the Treaty, observance of the right to be heard requires that the undertakings concerned must have been afforded the opportunity to make known their views on the truth and relevance of the facts and circumstances alleged and on the documents used by the