CASE COMMENTS: PROCEDURES – EUROPEAN UNION – DECISION REJECTING A COMPLAINT – PARTIAL ANNULMENT – PARALLEL TRADE IN MEDICINES

Decision rejecting a complaint: The General Court of the European Union confirms a decision of the European Commission rejecting a complaint regarding agreements notified with a view to obtaining negative clearance or, alternatively, an individual exemption pursuant to Regulation n° 17 (EAEP)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. With few means and risks, it is possible to exploit differences in the price of a drug between national markets. This parallel trade is highly profitable and is vigorously defended by the companies that engage in it. Pharmaceutical companies, when they oppose it, have to be ingenious not to infringe EU competition law. While purely unilateral practices are not covered by Article 101 TFEU (judgment of 26 October 2000, Bayer, Case T-41/96, EU:T:2000:242), the same cannot be said of price lists agreed with wholesalers to set up a dual pricing structure. In the low-price market of the country of export, these agreements discriminate on price, depending on

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  • European Court of Justice (Luxembourg)

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Pascal Cardonnel, Decision rejecting a complaint: The General Court of the European Union confirms a decision of the European Commission rejecting a complaint regarding agreements notified with a view to obtaining negative clearance or, alternatively, an individual exemption pursuant to Regulation n° 17 (EAEP), 26 September 2018, Concurrences N° 4-2018, Art. N° 88231, pp. 169-170

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