Judgment of the General Court of 8 September 2016 — Lundbeck v Commission
(Case T-472/13) 1
(Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by object’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and generic undertakings — Article 101(1) and (3) TFEU — Errors of law and of assessment — Obligation to state reasons — Rights of defence — Legal certainty — Fines)
Language of the case: English
Parties
Applicants: H. Lundbeck A/S (Valby, Denmark) and Lundbeck Ltd (Milton Keynes, United Kingdom) (represented by: R. Subiotto QC, and T. Kuhn, lawyer)
Defendant: European Commission (represented initially by J. Bourke, F. Castilla Contreras, B. Mongin, T. Vecchi and C. Vollrath, and subsequently by F. Castilla Contreras, B. Mongin, T. Vecchi, C. Vollrath and T. Christoforou, acting as Agents)
Intervener in support of the applicants: European Federation of Pharmaceutical Industries and Associations (EFPIA) (Geneva, Switzerland) (represented by: F. Carlin, Barrister, and M. Healy, Solicitor)
Re:
Application for annulment in part of Commission Decision C(2013) 3803 final of 19 June 2013 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39226 — Lundbeck) and for reduction of the amount of the fine imposed on the applicants by that decision.
Operative part of the judgment
The Court:
Dismisses the action;
Orders H. Lundbeck A/S and Lundbeck Ltd to bear their own costs and to pay the European Commission’s costs;
Orders the European Federation of Pharmaceutical Industries and Associations (EFPIA) to bear its own costs.
____________1 OJ C 325, 9.11.2013.