Advocate General Mazak issues his opinion recommending dismissing appeal against pharma company’s abuse of dominance (AstraZeneca)

AstraZeneca v Commission, Advocate-General Mazak’s Opinion of 15 May 2012* On 15 May 2012, Advocate-General Mazák delivered his long awaited Opinion to the European Court of Justice in the long-running AstraZeneca litigation. Practitioners hoping for an opinion that tempered some of the more extreme dicta of the General Court were to be disappointed. Advocate-General Mazák recommended that the General Court’s judgment be upheld in its entirety. He endorses the very low threshold as to what conduct before the patent office will constitute an abuse of a dominant position – namely any objectively misleading statement to the patent office, regardless of whether it was honestly made which leads to the grant of exclusive rights and exclusion of competitors. He also recommends confirmation of

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  • Baker McKenzie (Brussels)

Quotation

Gavin Bushell, Advocate General Mazak issues his opinion recommending dismissing appeal against pharma company’s abuse of dominance (AstraZeneca), 15 May 2012, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 47303

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