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CJEU - T-472/13 / Judgment

H. Lundbeck and Others v. European Federation of Pharmaceutical Industries and Associations

Policy area:
Competition
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
GENERAL COURT (Ninth Chamber)
Type:
Decision
Decision date:
08/09/2016

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 generic undertakings — Article 101(1) and (3) TFEU — Errors of law and of assessment — Obligation to state reasons — Rights of defence — Legal certainty — Fines

Results (sanctions) and key consequences of the case:

THE GENERAL COURT (Ninth Chamber) hereby:

  1. Dismisses the action;
  2. Orders H. Lundbeck A/S and Lundbeck Ltd to bear their own costs and to pay the European Commission’s costs;
  3. Orders the European Federation of Pharmaceutical Industries and Associations (EFPIA) to bear its own costs.