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Case C-588/16 P: Judgment of the Court (Fourth Chamber) of 25 March 2021 — Generics (UK) Ltd v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Pharmaceutical products — Market for antidepressants (citalopram) — Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines — Article 101 TFEU — Potential competition — Restriction by object — Characterisation — Calculation of the amount of the fine)
ECLI:EU:UNKNOWN:62016CA0588
62016CA0588
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31.5.2021
Official Journal of the European Union
C 206/3
(Case C-588/16 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Competition - Agreements, decisions and concerted practices - Pharmaceutical products - Market for antidepressants (citalopram) - Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines - Article 101 TFEU - Potential competition - Restriction by object - Characterisation - Calculation of the amount of the fine)
(2021/C 206/03)
Language of the case: English
Parties
Appellant: Generics (UK) Ltd (represented by: I. Vandenborre, advocaat, T. Goetz, Rechtsanwalt, and M. Brealey QC)
Other party to the proceedings: European Commission (represented by: F. Castilla Contreras, T. Vecchi, B. Mongin and C. Vollrath, acting as Agents, B. Rayment and D. Bailey, Barristers, G. Peretz QC, and S. Kingston, Senior Counsel)
Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: initially D. Guðmundsdóttir, Z. Lavery and D. Robertson, acting as Agents, and J. Holmes QC, and subsequently D. Guðmundsdóttir, acting as Agent, and J. Holmes QC)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Generics (UK) Ltd to bear its own costs and to pay the costs incurred by the European Commission;
3.Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.
(<span class="oj-super">1</span>) OJ C 30, 30.1.2017.