On 15 May 2012, the Advocate General of the EU Court of Justice issued his opinion on the appeal of the General Court’s judgment in AstraZeneca v. Commission. [1] The Advocate General largely agreed with the reasoning and holdings of the General Court, and recommended that the Court of Justice reject all appeals, including AstraZeneca’s appeal challenging the General Court’s analysis of the definition of the relevant markets and the findings that AstraZeneca’s regulatory activities related to its product Losec constituted an abuse of a dominant position in violation of Article 102 TFEU. This opinion will come as a disappointment to many life science companies, which are struggling to come to terms with the new concept of an abuse of regulatory procedures. As demonstrated by the January
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The EU Court of Justice AG Mazak supports the General Court’s refusal of appeal in a case involving an abuse of dominant position (AstraZeneca)
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