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Refusal to supply exporter wholesalers as abuse of dominant position
  • Bird & Bird LLP
  • European Union, Greece
  • January 23 2009

The European Court of Justice (“ECJ”) has given judgment in relation to the long-running disputes involving Greek wholesalers and GSK concerning the supply of GSK products for export.


Parallel trade in medicines: ECJ judgment in the second reference re: GlaxoSmithKline’s supply policy in Greece and abuse of dominant position
  • Bird & Bird LLP
  • European Union, Greece
  • October 16 2008

In the second reference to the European Court of Justice arising out of GSK’s policy of selling medicines directly to Greek hospitals and pharmacies the ECJ has held (Joined Cases C-46806 to C-47806 Sot. Lelos kai Sia and Others) that an undertaking which occupies a dominant position on the relevant market for medicinal products is abusing its dominant position contrary to Article 82 EC if, in order to stop parallel exports, it refuses to meet “ordinary orders” from wholesalers.




Laura Deacon
  • Herbert Smith Freehills LLP



Stephen Netherway
  • CMS Cameron McKenna Nabarro Olswang LLP