Servier SAS and Others v European Commission (T-691/14)

Judgment of 12 Dec 2018

law://eu/cjeu/2014/t-691-14/para_378@2026-11-15

378According to the applicants and the intervener, the Commission’s position contradicts some of its previous decisions (Commission Decision 94/770/EC of 6 October 1994 relating to a proceeding pursuant to Article [101 TFEU] and Article 53 of the EEA Agreement (Case IV/34.776 — Pasteur Mérieux-Merck) and Commission Decision C(2013) 8535 final of 26 November 2013, relating to a proceeding under Article 6 of Council Regulation No 139/2004 (Case COMP/M.6944 — Thermo Fisher Scientific/Life Technologies)). Whereas, in those other decisions, the Commission concluded from the existence of patents or patent disputes that there was no significant competitive pressure from generic companies, in the contested decision it considered that, despite the existence of those same disputes that could lead to the generic companies’ market exclusion, those generic companies were potential competitors to Servier capable of exerting a significant competitive pressure on Servier’s perindopril.

Servier SAS and Others v European Commission (T-691/14)

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