Proofs of exemption of agreement: The ECJ clarifies its case law on burden of proof in Art. 81(3) EC cases (GlaxoSmithKline)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. ECJ, 6 October 2009, GlaxoSmithKline a.o., joined cases C-501/06, C-513/06, C-515/06 and C 519/06P The Court provides useful clarifications on two sets of procedural questions: first, on the admissibility of appeals, both autonomous and incidental, and, second, on the proof of the conditions for exemption of a cartel under Article 81(3) of the Treaty. At issue was an agreement concluded in March 1998 by the Spanish subsidiary of the GlaxoSmithKline group (whose main activity is the development, production and marketing of medicines in Spain) with Spanish wholesalers. This agreement made a distinction between, on the one hand, the prices charged to