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The UK Supreme Court hands down a judgement in a competition damages litigation, and makes key observations on when a judicial decision of the EU courts is binding in other proceedings (Servier)

Holds Findings Made by European Courts Cannot Be Relied on in Different Context in Other Proceedings On November 6, 2020 the U.K. Supreme Court handed down a judgment relating to the Servier U.K. competition damages litigation, in which it made key observations on when a judicial decision of the EU courts is binding in other proceedings. What happened in the European proceedings? In 2014, the European Commission (the Commission) fined Servier under Article 102 of the Treaty on the Functioning of the European Union (TFEU) and a restriction of competition ‘by object’ under Article 101 TFEU for entering into ‘pay-for-delay’ agreements, which delayed the market entry of cheaper generic versions of the heart drug Perindopril, an angiotensin converting enzyme (ACE) inhibitor medicine. Servier

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Authors

  • Shearman & Sterling (Brussels)
  • Shearman & Sterling (London)
  • Shearman & Sterling (London)
  • Shearman & Sterling (London)
  • Shearman & Sterling (London)

Quotation

Elvira Aliende Rodriguez, James Webber, Ozlem Fidanboylu, Susanna Charlwood, Jonathan Swil, The UK Supreme Court hands down a judgement in a competition damages litigation, and makes key observations on when a judicial decision of the EU courts is binding in other proceedings (Servier), 6 November 2020, e-Competitions Preview, Art. N° 97904

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