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Court of Justice upholds AstraZeneca abuse of dominance decision

Bird & Bird
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European Union
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February 6 2013

On 6 December 2012, the Court of Justice of the European Union (CJEU) upheld the European Commission’s decision fining AstraZeneca (AZ) for abuse of a

Judgment of the European Court of Justice in the GSK dual pricing case

Bird & Bird
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European Union
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October 13 2009

The European Court of Justice ("ECJ") has given judgment on the appeals of the European Commission, GSK and two trade associations against the judgment of the European Court of First Instance ("ECFI") in the GSK dual pricing parallel exports case, Joined Cases C-50106P, C-51506P and C-51906P, GlaxoSmithKline Services Unlimited, formerly Glaxo Wellcome plc v Commission and Commission, EAEPC and Aseprofar v GlaxoSmithKline Services Unlimited, formerly Glaxo Wellcome plc

Monitor to gain competition law powers from 1 April

Bird & Bird
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United Kingdom
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February 11 2013

Monitor, the NHS regulator, is to have powers to apply competition law to healthcare service providers from 1 April 2013. The competition law

High Court clarifies abuse of dominance issues in the life sciences sector

Bird & Bird
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United Kingdom
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February 27 2013

A High Court judgment published on 25 February 2013 provides helpful clarification of the application of competition law on abuse of dominance in the life sciences sector

Competition Appeal Tribunal remedies order in Albion Water’s appeal in the Dwr Cymru case

Bird & Bird
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United Kingdom
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May 6 2009

On 9 April 2009, the Competition Appeal Tribunal (CAT) issued its judgment on the remedies to be imposed and costs to be awarded in respect of the margin squeeze and excessive pricing infringements of the Competition Act

European Commission’s pharmaceutical sector inquiry final report

Bird & Bird
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European Union
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September 25 2009

In July 2009, the European Commission published its final report in its pharmaceutical sector inquiry, which was launched in January 2008

Opinion of the Advocate General in the GSK dual pricing case pending before the European Court of Justice

Bird & Bird
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European Union
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July 17 2009

Advocate General Trstenjak has delivered her opinion on the appeals of the European Commission, GSK and two trade associations against the judgment of the European Court of First Instance ("ECFI") in the GSK dual pricing parallel exports case, Joined Cases C- 50106P, C-51506P and C-51906P, GlaxoSmithKline Services Unlimited, formerly Glaxo Wellcome plc v Commission and Commission, EAEPC and Aseprofar v GlaxoSmithKline Services Unlimited, formerly Glaxo Wellcome plc

Commission publishes guidance paper on applying Article 82 EC to abusive exclusionary conduct by dominant undertakings

Bird & Bird
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European Union
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April 2 2009

On 3 December 2008, the European Commission published guidance on enforcement priorities in applying Article 82 to abusive exclusionary conduct by dominant undertakings

European General Court upholds findings of abuse of dominant position by AstraZeneca for misusing the SPC and marketing authorising systems

Bird & Bird
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European Union
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July 28 2010

The European General Court issued its judgment on 1 July 2010 on AstraZeneca's appeal against the European Commission's decision adopted on 15 June 2005 fining AstraZeneca ("AZ") EUR 60 million for abuse of dominant position through misuse of the patent system to obtain supplementary protection certificates (SPCs) and misuse of the pharmaceutical regulatory system by selective withdrawal of certain marketing authorisations

European Commission reports on the monitoring of patent settlement agreements

Bird & Bird
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European Union
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July 27 2010

In the European Commission's pharmaceutical sector enquiry report of July 2009, the Commission drew attention to patent settlement agreements between originator and generic companies, indicating that these can raise competition law issues in particular where there is a value transfer from the originator, patent owning company to the generic company in return for delayed market entry or limits on market entry on the part of the generic company