On 15 May 2012, Advocate General Mazak gave an opinion on AstraZeneca’s appeal against a General Court judgment which largely upheld the European Commission’s decision to fine AstraZeneca for abusive patent misuse. The Advocate General rejected claims that the General Court had erred in law in approving the Commission’s market definition and in upholding the Commission’s findings that AstraZeneca had abused its dominant position by making misleading representations to patent offices and by withdrawing marketing authorisations to delay generic entry. He confirmed that the anti-competitive effects of abuse had been demonstrated to the requisite standard; AstraZeneca’s subjective beliefs and its entitlement to withdraw its marketing authorisations under a country’s applicable laws were not relevant. He also concluded that there was no reason for AstraZeneca’s fine to be further reduced. Finally, he rejected two separate cross-appeals by the European Federation of Pharmaceutical Industries and Associations and the Commission. Read more.
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Advocate General recommends dismissal of AstraZeneca appeal
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