The Polish Court of Appeals quashes the NCA’s decision and considers that an agreement limiting distribution of a drug to selected distributors does not restrict competition (Johnson & Johnson’s)

On July 25, 2006, the Polish Court of Appeals issued a decision on the appeal lodged by the President of the Office for Competition and Consumer Protection (“OCCP”) against the decision of the Polish Court for Competition and Consumer Protection (“First Instance Court”) of September 5, 2005 (ref. n° XVII Ama 61/04) in which the Appeals Court quashed the above-mentioned decision of the First Instance Court and remanded the case for re-examination. The decision of the First Instance Court was issued on the claim filed by Johnson & Johnson Poland (“J&J”) and Jan Nowakowski, who runs a warehouse for Pharmaceutical and Sanitary Products Hurtofarm (“Hurtofarm”) against the decision of the President of OCCP of May 28th, 2004 (n° RWA-12/2004) (the decision of the First Instance Court referred

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  • Allen & Overy (Warsaw)

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Aldona Kwapisz, The Polish Court of Appeals quashes the NCA’s decision and considers that an agreement limiting distribution of a drug to selected distributors does not restrict competition (Johnson & Johnson’s), 25 July 2006, e-Competitions Competition in the Pharmaceutical sector, Art. N° 13246

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