AstraZeneca appeals judgment of General Court

On 16 September 2010, AstraZeneca brought an appeal against the Commission’s decision that fined the drug maker EUR 52.5 million for breaching Article 102 of the TFEU (See Newsletter 4/2010, p. 6).

In particular, AstraZeneca claims that, as regards the abuse concerning supplementary protection certificates, lack of transparency is insufficient for a finding of regulatory abuse. They argue that there should be a requirement for deliberate fraud or deceit, and that the General Court was wrong to find that the mere act of applying for an intellectual property right that may come into force some 5-6 years later was conduct that could be said to tend to restrict competition, because such conduct would be too disconnected or remote from the allegedly affected market.

AstraZeneca further claims that, as regards the abuse concerning the withdrawal of marketing authorizations, the General Court was wrong to decide that the exercise of an unfettered right under Community law is a failure to compete on the merits and constitutes conduct tending to restrict competition. [Gabriele Accardo]