Judgment of the General Court of 8 September 2016 — Arrow Group and Arrow Generics v Commission

(Case T-467/13) (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 a generic undertaking - Fines - Legal certainty - Principle that penalties must have a proper legal basis - Duration of the Commission’s investigation - Rights of the defence - Single and continuous infringement))

(2016/C 383/14)

Language of the case: English

Parties

Applicants: Arrow Group ApS (Roskilde, Denmark) and Arrow Generics Ltd (London, United Kingdom) (represented by: S.D. Kon, C. Firth and C. Humpe, Solicitors)

Defendant: European Commission (represented by: F. Castilla Contreras and B. Mongin, acting as Agents, and by G. Peretz, 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:

(1)  OJ C 313, 26.10.2013.