7.3.2015

Official Journal of the European Union

C 80/4

Opinion of the Advisory Committee on restrictive agreements and dominant position given at its meeting of 5 June 2013 regarding a draft decision relating to Case C.39226 (1) — Lundbeck

Rapporteur: Czech Republic

(2015/C 80/04)

1.	The Advisory Committee agrees with the European Commission that the respective parties concluded agreements within the meaning of Article 101 TFEU and Article 53 of the EEA Agreement that had the object of restricting competition.

The Advisory Committee agrees with the European Commission that the following agreements, and extensions to the agreements, constituted a single and continuous infringement for the relevant time-frame:

—	Merck’s agreements with Lundbeck,

—	Arrow’s agreements with Lundbeck,

—	Alpharma’s agreement with Lundbeck, and

—	Ranbaxy’s agreement with Lundbeck.

3.	The Advisory Committee agrees with the European Commission’s draft Decision as regards the conclusion that the agreements between the addressees were capable of having an appreciable effect upon trade between EU Member States and between Contracting Parties of the EEA-Agreement.

4.	The Advisory Committee agrees with the European Commission that the conditions of Article 101 paragraph 3 TFEU are not met.

5.	The Advisory Committee agrees with the European Commission’s draft Decision as regards all addressees of the Decision, specifically regarding parental liability.

6.	The Advisory Committee agrees with the Commission’s assessment as regards the duration of the infringements.

7.	The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.