The Paris Court of Appeal rebuts the decision of the Competition Council regarding practices in the market of distribution of pharmaceutical products (GlaxoSmithKline)

Presentation 1. For the first time of its existence, on 14 March 2007, the French Competition Council (thereafter “CC”) had decided to sanction a firm for predatory pricing, namely GlaxoSmithKline (thereafter “GSK“) for an amount of 10 million euro [1]. GSK appealed to this Decision. On 8 April 2008, the Paris Court of Appeal (thereafter “PCA”) turned down the CC's Glaxo Decision. Decision of the CC 2. According to the CC, GSK has tried to protect its dominant position in the market for injectable acyclovir (Zovirax) by the use of predatory pricing in the market for sodic cefuroxime (Zinnat injectable). GSK did not hold a dominant position on the second market. 3. The demonstration of predatory pricing by the CC proceeded in two main steps. First, the CC showed that GSK incurred a

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Laure Schulz, Patricia Perennes, The Paris Court of Appeal rebuts the decision of the Competition Council regarding practices in the market of distribution of pharmaceutical products (GlaxoSmithKline), 8 April 2008, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 19851

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