European Advocate Generale Trstenjak (AG) has given her opinion to the European Court of Justice (ECJ) relating to an appeal brought by GlaxoSmithKline (GSK) against a 2001 decision banning GSK from charging different prices for drugs to Spanish distributors. GSK charged lower prices to distributors who sold the products in Spain and higher prices where the eventual destination of the products was elsewhere in the EU. The Court of First Instance (CFI) previously held that GSK’s ‘dual pricing policy’ had the effect of restricting competition, although the CFI considered that the Commission had been wrong in considering that this had been the intention. The AG's Opinion ultimately recommends that the appeal should be dismissed. However, the AG disagreed with the CFI's view that the sale strategy did not have a restrictive object. She was also critical of the CFI's assessment under Article 81(3) EC Treaty of the justifications put forward by GSK of the benefits of their pricing strategy. The AG's Opinion supports the CFI's ultimate findings, if not the reasoning. It remains to be seen whether the ECJ will concur with the reasoning in the AG Opinion.