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Case C-614/16 P: Judgment of the Court (Fourth Chamber) of 25 March 2021 — Merck KGaA v European Commission, Generics (UK) Ltd (Appeal — Competition — Agreements, decisions and concerted practices — Pharmaceutical products — Market for antidepressant medicines (citalopram) — Settlement agreements concerning process patents concluded between a manufacturer of originator medicines holding 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:62016CA0614
62016CA0614
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31.5.2021
Official Journal of the European Union
C 206/5
(Case C-614/16 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Competition - Agreements, decisions and concerted practices - Pharmaceutical products - Market for antidepressant medicines (citalopram) - Settlement agreements concerning process patents concluded between a manufacturer of originator medicines holding 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 206/07)
Language of the case: English
Parties
Appellant: Merck KGaA (represented by: B. Bär-Bouyssière and S. Smith, Solicitors, and by R. Kreisberger QC, and D. Mackersie, Barrister)
Other parties to the proceedings: European Commission (represented by: T. Vecchi, F. Castilla Contreras, B. Mongin and C. Vollrath, acting as Agents, and by B. Rayment and D. Bailey, Barristers, and by G. Peretz QC, and S. Kingston, Senior Counsel), Generics (UK) Ltd
Intervener in support of the defendents: United Kingdom of Great Britain and Northern Ireland (represented: initially by D. Guðmundsdóttir, Z. Lavery, and D. Robertson, acting as Agents, and by J. Holmes QC, and subsequently by D. Guðmundsdóttir, acting as Agent, and by J. Holmes QC)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Merck KGaA to bear its own costs and to pay those 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.