CJEU Case C-591/16 P / Judgment

Key facts of the case: 

Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressants (citalopram) – Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine – Sales directly or indirectly related to the infringement.

Outcome of the case:

On those grounds, the Court (Fourth Chamber) hereby:

1. Dismisses the appeal;
2. Orders H. Lundbeck A/S and Lundbeck Ltd to bear their own costs and to pay the costs incurred by European Commission;
3. Orders the European Federation of Pharmaceutical Industries and Associations (EFPIA) to bear its own costs;
4. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.