AstraZeneca AB and AstraZeneca plc v European Commission (T-321/05)

Judgment of 1 Jul 2010

law://eu/cjeu/2005/t-321-05/para_901@2026-11-13

901In so far as it consisted in misleading representations made deliberately in order to obtain exclusive rights to which AZ was not entitled or to which it was entitled for a shorter period, the first abuse of a dominant position quite clearly constitutes a serious infringement. The fact that that abuse is novel cannot call that finding into question, given that such practices are manifestly contrary to competition on the merits. Moreover, as the Commission observes, the fact that conduct with the same features has not been examined in past decisions does not exonerate an undertaking (see, to that effect, Nederlandsche Banden-Industrie-Michelin v Commission, paragraph 30 above, paragraph 107). With respect to the second abuse of a dominant position, it is also established that the purpose of the deregistrations of the marketing authorisations was to create obstacles to the market entry of generic products in Denmark, Norway and Sweden and to parallel imports in Sweden, thus resulting in partitioning of the common market.

AstraZeneca AB and AstraZeneca plc v European Commission (T-321/05)

Key facts

History · 1 version

Connections