AstraZeneca AB and AstraZeneca plc v European Commission (C-457/10 P)

Judgment of 6 Dec 2012

law://eu/cjeu/2010/c-457-10/para_110@2026-11-13

110Nor, in contrast to what is submitted by the appellants, was it necessary for AZ still to have been in a dominant position after the basic patents expired, since the anti-competitive nature of its acts must be evaluated at the time when those acts were committed. Consequently, the General Court was correct to reject, at paragraphs 379 and 606 of the judgment under appeal, the argument that the additional period of supplementary protection obtained in Belgium and the Netherlands on the basis of the misleading representations extended to a period during which AZ did not hold a dominant position in those Member States.

AstraZeneca AB and AstraZeneca plc v European Commission (C-457/10 P)

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