Judgment of the Court (Fourth Chamber) of 25 March 2021
Xellia Pharmaceuticals ApS and Alpharma, LLC, anciennement Zoetis Products LLC v European Commission
Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressants (citalopram) – Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine – Rights of the defence – Reasonable time – Loss of documents due to the passage of time – General duty of care – Regulation (EC) No 1/2003 – Second subparagraph of Article 23(2) – Maximum amount of the fine – Taking into account the business year preceding that in which the European Commission’s decision was adopted – Last full year of normal economic activity
Case C-611/16 P
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Judgment
ECLI:EU:C:2021:245 |
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