Judgment of the Court (First Chamber) of 27 June 2024 – European Commission v KRKA, tovarna zdravil, d.d.

(Case C-151/19 P)  (1)

(Appeal - Competition - Pharmaceutical products - Market for perindopril - Article 101 TFEU - Agreements, decisions and concerted practices - Market sharing - Potential competition - Restriction of competition by object - Strategy to delay the market entry of generic versions of perindopril - Patent dispute settlement agreement - Patent licence agreement - Technology assignment and licence agreement)

(C/2024/4822)

Language of the case: English

Parties

Appellant: European Commission (represented initially by F. Castilla Contreras, B. Mongin and C. Vollrath, acting as Agents, and by D. Bailey, Barrister, and subsequently by F. Castilla Contreras and C. Vollrath, acting as Agents, and by D. Bailey, Barrister)

Other party to the proceedings: KRKA, tovarna zdravil, d.d. (represented by: T. Ilešič and M. Kocmut, odvetnika)

Intervener in support of the applicant: United Kingdom of Great Britain and Northern Ireland (represented initially by D. Guðmundsdóttir, acting as Agent, subsequently by L. Baxter, D. Guðmundsdóttir, F. Shibli and J. Simpson, acting as Agents, and by J. Holmes KC, and P. Woolfe, Barrister, and lastly by S. Fuller, acting as Agent, and by J. Holmes KC, and P. Woolfe, Barrister)

Operative part of the judgment

The Court:

1.	Sets aside the judgment of the General Court of the European Union of 12 December 2018, Krka v Commission (T-684/14, EU:T:2018:918);

2.

Refers the case back to the General Court of the European Union for it to rule on the fourth plea in law at first instance, relating to the characterisation of the assignment and licence agreement concluded on 5 January 2007 between Les Laboratoires Servier SAS and KRKA, tovarna zdravil, d.d. as a restriction of competition by object within the meaning of Article 101(1) TFEU;

3.	Reserves the costs.

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(1)   OJ C 148, 29.4.2019.