CASE COMMENT : UNILATERAL PRACTICES - ABUSE OF A DOMINANT POSITION - PARALLEL IMPORTS - PHARMACEUTICAL SECTOR

Parallel imports: The ECJ issues a major decision on parallel imports in the pharmaceutical sector (GlaxoSmithKline)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 16 September 2008, Sot. Lélos kai Sia EE a.o. v. GlaxoSmithKline AEVE Farmakeftikon Proïonton, case C-468/06 to C-478/06 A solution reached by the Court of Justice which satisfies all parties involved deserves a detailed description. In the present case, wholesalers are confirmed in the reaffirmation of the principle of the free movement of goods despite the specific features of the pharmaceutical market and pharmaceutical companies are also confirmed in their commercial policy of possibly differentiated management of distribution channels with a view to ensuring the availability of their medicinal products (see the press releases of 16 September 2008

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Anne Wachsmann, Nicolas Zacharie, Parallel imports: The ECJ issues a major decision on parallel imports in the pharmaceutical sector (GlaxoSmithKline), 16 September 2008, Concurrences N° 4-2008, Art. N° 22220, pp. 84-87

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