The General Court has dismissed an appeal by two French Pharmacy associations (the ‘CONP’ and the ‘CCG’) against a decision by the European Commission ordering them to submit to an unannounced competition inspection. The inspection took place in November 2008 as part of an investigation into the biomedical analysis market in France. The CONP and CCG challenged the right of the Commission to carry out an investigation claiming that they were not ‘undertakings’ under competition law and the Commission had failed to adequately state the reasons for the investigation. The General Court dismissed the appeal (in case T-23/09 on 26 October 2010). It found that the Commission had adequately identified that the addressees were associations of undertakings. Under Regulation 1/2003, the Commission has the right to undertake inspections necessary to detect breaches of competition law. The Commission was not required to give a full legal analysis of why it considered the applicants to be associations.
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General Court dismisses appeal against dawn raid of French pharmacy associations
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