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ECJ ruling dismisses AstraZeneca's appeal in abuse of dominance case

Herbert Smith Freehills LLP
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European Union
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December 6 2012

The Court of Justice of the EU (ECJ) has dismissed AstraZeneca's appeal against the Commission's and General Court's findings that the company abused its dominant position under Article 102 TFEU by misusing the patent system and pharmaceutical marketing procedures in order to exclude generic competitors to its ulcer drug Losec from the market and to restrict parallel imports of the drug (Case C-45710P

ECJ rules on parental liability and the Commission's duty to consider serious arguments put forward by the parent company aimed at rebutting liability

Herbert Smith Freehills LLP
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European Union
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October 14 2011

The European Court of Justice's (ECJ) ruling in Elf Aquitaine (Case C-52109) of 29 September 2011 confirms that parent companies are able to rebut the presumption of their liability for anti-competitive behaviour by their subsidiaries and that the Commission needs to provide adequate reasons where it decides that the facts or legal arguments relied on by the parent company are not sufficient to rebut the presumption

Parental liability presumption under EU competition rules can be rebutted but significant evidence needs to be provided

Herbert Smith Freehills LLP
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European Union
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August 11 2011

In a recent appeal before the General Court against the Commission's decision in the bleaching chemicals cartel (in which fines of more than 388 million were imposed on seven companies), two parent companies for the first time successfully took a major step towards escaping liability for the anti-competitive conduct of their wholly owned subsidiaries

General Court upholds Commission decision in AstraZeneca abuse of dominance case

Herbert Smith Freehills LLP
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European Union
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July 2 2010

The General Court has issued its long awaited judgment in the AstraZeneca case, upholding the Commission's decision in respect of both the SPC abuse and the selective deregistration abuse

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Workarea - Competition
Workarea - Litigation
Author - Kristien Geeurickx
Author - Susan Black
Jurisdiction - European Union

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ECJ ruling dismisses AstraZeneca's appeal in abuse of dominance case

ECJ rules on parental liability and the Commission's duty to consider serious arguments put forward by the parent company aimed at rebutting liability

Parental liability presumption under EU competition rules can be rebutted but significant evidence needs to be provided

General Court upholds Commission decision in AstraZeneca abuse of dominance case

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