CASE COMMENT : ANTICOMPETITIVE PRACTICE - RESTRAINT ON PARALLEL TRADE - EXEMPTION - ARTICLE 101 § 3 - TECHNICAL OR ECONOMIC PROGRESS - EFFICIENCY LOSSES - EFFICIENCY GAINS

Exemption: The ECJ rules that in determining whether a restraint on parallel trade contributes to technical or economic progress within the meaning of Art. 101§3 of the EU Treaty, “efficiency losses” must be weighed against “efficiency gains” (GlaxoSmithKline)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Court of Justice of the European Communities, 6 October 2009, Joined Cases C-501/06 P, C-513/06 P, C-515/06 P and C-519/06 P Facts Under the former Council Regulation No 17, GlaxoSmithKline (GSK) notified to the European Commission, and then sent to its Spanish wholesalers, on 6 March 1998, general terms and conditions of sale providing for two price levels depending on whether the medicinal products are intended for resale in Spanish territory where the administration sets maximum prices or for export to other Member States where prices are higher. By decision of 8 May 2001, the Commission found that the general conditions of sale infringed Article

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Karine Biancone, Exemption: The ECJ rules that in determining whether a restraint on parallel trade contributes to technical or economic progress within the meaning of Art. 101§3 of the EU Treaty, “efficiency losses” must be weighed against “efficiency gains” (GlaxoSmithKline), 6 October 2009, Concurrences N° 1-2010, Art. N° 30618, www.concurrences.com

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