CASE COMMENTS : UNILATERAL PRACTICES - MARKET DEFINITION - DOMINANCE - ABUSIVE USE OF THE PROCEDURES RELATED TO SUPPLEMENTARY PROTECTION CERTIFICATES AND OF THE PROCEDURE FOR MARKETING PHARMACEUTICAL PRODUCTS

Misuse of the patent system : The General Court essentially upholds the Commission decision but reduces the fine imposed on a pharmaceutical group (AstraZeneca)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The decision of the European Commission (the "Commission") of 15 June 2005 in the AstraZeneca case (Commission, 15 June 2005, AstraZeneca, Case 37.507) was one of the first cases in the field of pharmaceuticals dealing with the commercial policy of a laboratory holding an originator product in the process of genericisation. In this case, AstraZeneca was fined EUR 60 million for abuse of a dominant position on the market for proton pump inhibitors (commonly known as "PPIs"). A brief reminder of its economic context is in order. At the time of the events, AstraZeneca had been marketing one of the biggest blockbusters in the pharmaceutical sector (defined as

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Anne Wachsmann, Nicolas Zacharie, Misuse of the patent system : The General Court essentially upholds the Commission decision but reduces the fine imposed on a pharmaceutical group (AstraZeneca), 1 July 2010, Concurrences N° 4-2010, Art. N° 33185, pp. 120-123

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