CASE COMMENTS: ANTICOMPETITIVE PRACTICES - COLLUSIVE PRACTICES - PARALLEL TRADE OF PHARMACEUTICAL PRODUCTS DUAL PRICING SYSTEM

Pharmaceutical products: The CFI annuls the European Commission decision rejecting a request for a negative clearance and exemption for a dual pricing system based on the destination of pharmaceutical products (GlaxoSmithKline Services)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. IFC, 27 September 2006, GlaxoSmithKline Services, Case T-168/01 The debate: restriction by object or effect Since the end of the nineties and in particular since the adoption of Regulation 2790/1999 on vertical restraints, the Commission has been advocating a more economic analysis of contractual restrictions. The fact that a contractual provision limits the freedom of commercial action between the parties does not necessarily give rise to a restriction of competition within the meaning of Article 81(1) EC. A contractual restriction falls within the scope of that prohibition only if it appreciably restricts competition. According to the 2001 Notice on

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • General Court of the European Union (Luxembourg)

Quotation

Marc van der Woude, Pharmaceutical products: The CFI annuls the European Commission decision rejecting a request for a negative clearance and exemption for a dual pricing system based on the destination of pharmaceutical products (GlaxoSmithKline Services), 27 September 2006, Concurrences N° 4-2006, Art. N° 12540, p. 64

Visites 4601

All reviews