Judgment of the General Court of 8 September 2016 — Xellia Pharmaceuticals and Alpharma v Commission
(Case T-471/13) 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 — Agreement concluded between a patent holder and a generic undertaking — Duration of the Commission’s investigation — Rights of the defence — Fines — Legal certainty — Principle that penalties must have a proper legal basis)
Language of the case: English
Parties
Applicants: Xellia Pharmaceuticals ApS (Copenhagen, Denmark), and Alpharma, LLC, formerly Zoetis Products LLC (Florham Park, New Jersey, United States) (represented by: D. Hull, Solicitor)
Defendant: European Commission (represented by: F. Castilla Contreras and B. Mongin, acting as Agents, and by B. Rayment, Barrister)
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 Xellia Pharmaceuticals ApS and Alpharma LLC to pay the costs.
____________1 OJ C 325, 9.11.2013.