AstraZeneca AB v European Commission, European Federation of Pharmaceutical Industries and Associations (EFPIA) [2012] EUECJ C-457/10 (06 December 2012)

AstraZeneca AB v European Commission, European Federation of Pharmaceutical Industries and Associations (EFPIA) [2012] EUECJ C-457/10 (06 December 2012)

The Court held that AstraZeneca's consistent and deliberate provision of misleading information to patent offices and judicial authorities, with the aim of obtaining or maintaining supplementary protection certificates (SPCs) to which it was not entitled or for a longer duration than justified, constituted an abuse...

Source-derived case information.

Citation
[2012] EUECJ C-457/10
Parties
Appellant: AstraZeneca AB; Appellant: AstraZeneca plc; Respondent: European Commission; Intervener: European Federation of Pharmaceutical Industries and Associations (EFPIA)
Jurisdiction
European Union
Judgment Date
06 December 2012
Procedural Posture
Appeal / Judgment on Appeal From General Court to Court of Justice of the European Union
Outcome
Appeal dismissed in main part; partial annulment and reduction of fines as per General Court's earlier judgment; Commission's cross-appeal allowed in part.
Legal Topics
Abuse of Dominant Position, Market Definition, Supplementary Protection Certificates (spc), Misleading Representations to Authorities, Parallel Trade, Fines for Anticompetitive Conduct
Competition Law European Union Law Pharmaceutical Law Abuse of Dominant Position Market Definition Supplementary Protection Certificates (spc) Misleading Representations to Authorities Parallel Trade +1 more

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Summary, issues, holding and outcome

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Parties

AstraZeneca AB

Appellant

AstraZeneca plc

Appellant

European Commission

Respondent

European Federation of Pharmaceutical Industries and Associations (EFPIA)

Intervener

Procedural Posture

Appeal / Judgment on Appeal From General Court to Court of Justice of the European Union

Legal Issues

  1. 1 Whether AstraZeneca abused a dominant position by making misleading representations to obtain or maintain SPCs
  2. 2 Whether AstraZeneca abused a dominant position by deregistering marketing authorisations to hinder generics and parallel imports
  3. 3 Whether the relevant product market was correctly defined

Ratio Decidendi

The Court held that AstraZeneca's consistent and deliberate provision of misleading information to patent offices and judicial authorities, with the aim of obtaining or maintaining supplementary protection certificates (SPCs) to which it was not entitled or for a longer duration than justified, constituted an abuse of a dominant position under Article 82 EC. The Court further found that AstraZeneca's strategic deregistration of marketing authorisations to hinder generic entry and parallel imports also fell outside competition on the merits. The Court rejected AstraZeneca's arguments regarding market definition, cost of treatment, and the alleged reversal of the burden of proof. The fines...

Court Disposition

Appeal dismissed in main part; partial annulment and reduction of fines as per General Court's earlier judgment; Commission's cross-appeal allowed in part.

Orders

  • The appeal by AstraZeneca is dismissed except as already granted by the General Court.
  • The fines imposed are upheld as reduced by the General Court: EUR 40,250,000 jointly and severally on AstraZeneca AB and AstraZeneca plc, and EUR 12,250,000 separately on AstraZeneca AB.