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Document 62014TA0679

Case T-679/14: Judgment of the General Court of 12 December 2018 — Teva UK and Others v Commission (Competition — Agreements, decisions and concerted practices — Perindopril market, medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Principle of impartiality — Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions — Patent dispute settlement and exclusive purchasing agreement — Potential competition — Restriction of competition by object — Balance between competition law and patent law — Conditions for exemption under Article 101(3) TFEU — Fines)

OJ C 82, 4.3.2019, p. 25–25 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

4.3.2019   

EN

Official Journal of the European Union

C 82/25


Judgment of the General Court of 12 December 2018 — Teva UK and Others v Commission

(Case T-679/14) (1)

((Competition - Agreements, decisions and concerted practices - Perindopril market, medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions - Decision finding an infringement of Article 101 TFEU - Principle of impartiality - Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions - Patent dispute settlement and exclusive purchasing agreement - Potential competition - Restriction of competition by object - Balance between competition law and patent law - Conditions for exemption under Article 101(3) TFEU - Fines))

(2019/C 82/27)

Language of the case: English

Parties

Applicants: Teva UK Ltd (West Yorkshire, United Kingdom), Teva Pharmaceuticals Europe BV (Utrecht, Netherlands), Teva Pharmaceutical Industries Ltd (Jerusalem, Israel) (represented by D Tayar and A. Richard, lawyers)

Defendant: European Commission (represented initially by F. Castilla Contreras, T. Vecchi and B. Mongin, and subsequently by F. Castilla Contreras, B. Mongin and C. Vollrath, acting as Agents, and by G. Peretz, Barrister)

Intervener in support of the applicants: European Generic medicines Association AISBL (EGA) (Brussels, Belgium) (represented by S.-P. Brankin, Solicitor, and E. Wijckmans, lawyer)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2014) 4955 final of 9 July 2014 relating to a proceeding under Article 101 and Article 102 TFEU [Case AT.39612 — Perindopril (Servier)] in so far as it concerns the applicants and, in the alternative, for reduction of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders Teva UK Ltd, Teva Pharmaceuticals Europe BV and Teva Pharmaceutical Industries Ltd to pay, in addition to their own costs, the costs incurred by the Commission;

3.

Orders the European Generic medicines Association AISBL (EGA) to bear its own costs.


(1)  OJ C 409, 17.11.2014.


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