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CJEU - T-470/13 / Judgment

Merck v. Commission

Policy area:
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
GENERAL COURT (Ninth Chamber)
Decision date:

Key facts of the case:

Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by object’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and a generic undertaking — Error of law — Error of assessment — Imputability of infringements — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Legal certainty — Reasonable time — Fines

Results (sanctions) and key consequences of the case:

THE GENERAL COURT (Ninth Chamber) hereby:

  1. Dismisses the action;
  2. Orders Merck KGaA to bear its own costs and those incurred by the European Commission;
  3. Orders Generics (UK) Ltd to bear its own costs.