The EU General Court hands down a judgment concerning an appeal brought by an undertaking and several generic companies against an EU Commission decision which found that the parties had breached Article 101 TFEU by agreeing to delay the market entry of a generic drug (Lundbeck)

On 8 September 2016 the General Court (GC) handed down its judgments in relation to the appeals brought by Lundbeck and a number of generic companies (Sun Pharma (Ranbaxy), Arrow, Generics UK, Merck and Xellia/Alpharma) against a European Commission (Commission) decision finding that the parties had breached Article 101 TFEU by agreeing to delay the market entry of generic citalopram. The GC fully upheld the Commission decision and the fines imposed on the parties (see judgments in Cases T472/13, T470/13, T469/13, T467/13, T460/13 and T471/13). The GC confirmed the Commission's finding that Lundbeck and the generics were potential competitors at the time the agreements at issue were concluded as, absent the agreements, the generics would have had "real concrete possibilities of

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Authors

  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (London)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (Brussels)

Quotation

Sebastien Moore, Kyriakos Fountoukakos, Mark Jephcott, Dafni Katrana, Peter Rowland, The EU General Court hands down a judgment concerning an appeal brought by an undertaking and several generic companies against an EU Commission decision which found that the parties had breached Article 101 TFEU by agreeing to delay the market entry of a generic drug (Lundbeck), 8 September 2016, e-Competitions September 2016, Art. N° 93547

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