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Document 62021TA0074
Case T-74/21: Judgment of the General Court of 18 October 2023 — Teva Pharmaceutical Industries and Cephalon v Commission (Competition — Agreements, decisions and concerted practices — Modafinil market — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Restriction of competition by object — Characterisation — Restriction of competition by effect — Conditions for exemption under Article 101(3) TFEU — Fines)
Case T-74/21: Judgment of the General Court of 18 October 2023 — Teva Pharmaceutical Industries and Cephalon v Commission (Competition — Agreements, decisions and concerted practices — Modafinil market — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Restriction of competition by object — Characterisation — Restriction of competition by effect — Conditions for exemption under Article 101(3) TFEU — Fines)
Case T-74/21: Judgment of the General Court of 18 October 2023 — Teva Pharmaceutical Industries and Cephalon v Commission (Competition — Agreements, decisions and concerted practices — Modafinil market — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Restriction of competition by object — Characterisation — Restriction of competition by effect — Conditions for exemption under Article 101(3) TFEU — Fines)
OJ C, C/2023/1139, 4.12.2023, ELI: http://data.europa.eu/eli/C/2023/1139/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN Series C |
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C/2023/1139 |
4.12.2023 |
Judgment of the General Court of 18 October 2023 — Teva Pharmaceutical Industries and Cephalon v Commission
(Case T-74/21) (1)
(Competition - Agreements, decisions and concerted practices - Modafinil market - Decision finding an infringement of Article 101 TFEU - Patent dispute settlement agreement - Restriction of competition by object - Characterisation - Restriction of competition by effect - Conditions for exemption under Article 101(3) TFEU - Fines)
(C/2023/1139)
Language of the case: English
Parties
Applicants: Teva Pharmaceutical Industries Ltd (Petah Tikva, Israel) and Cephalon Inc. (West Chester, Pennsylvania, United States) (represented by: D. Tayar, S. Ortoli and A. Richard, lawyers)
Defendant: European Commission (represented by: G. Conte, T. Franchoo and C. Sjödin, acting as Agents)
Re:
By their action under Article 263 TFEU, the applicants seek annulment of Decision C(2020) 8153 final of the European Commission of 26 November 2020 relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT.39686-CEPHALON) and, in the alternative, the cancellation or reduction of the fines.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Teva Pharmaceutical Industries Ltd and Cephalon Inc. to pay the costs. |
ELI: http://data.europa.eu/eli/C/2023/1139/oj
ISSN 1977-091X (electronic edition)