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Case C-164/19 P: Judgment of the Court (First Chamber) of 27 June 2024 – Niche Generics Ltd v European Commission (Appeal – Competition – Pharmaceutical products – Market for perindopril – Article 101 TFEU – Agreements, decisions and concerted practices – Potential competition – Restriction of competition by object – Strategy to delay the market entry of generic versions of perindopril – Patent dispute settlement agreement)
ECLI:EU:UNKNOWN:62019CA0164
62019CA0164
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Official Journal of the European Union
C series
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C/2024/4823
12.8.2024
(Case C-164/19 P)
(Appeal - Competition - Pharmaceutical products - Market for perindopril - Article 101 TFEU - Agreements, decisions and concerted practices - Potential competition - Restriction of competition by object - Strategy to delay the market entry of generic versions of perindopril - Patent dispute settlement agreement)
(C/2024/4823)
Language of the case: English
Parties
Appellant: Niche Generics Ltd (represented initially by F. Carlin, Barrister, M. Healy, S. Mobley and H. Sheraton, Solicitors, B. Hoorelbeke, advocaat, and A. Robertson KC, and subsequently by F. Carlin, Barrister, S. Mobley and H. Sheraton, Solicitors, B. Hoorelbeke, advocaat, and A. Robertson KC)
Other party to the proceedings: European Commission (represented initially by F. Castilla Contreras, B. Mongin and C. Vollrath, acting as Agents, and by S. Kingston, Senior Counsel, and subsequently by F. Castilla Contreras, B. Mongin, J. Norris and C. Vollrath, acting as Agents, and lastly by F. Castilla Contreras, J. Norris and C. Vollrath, acting as Agents)
Intervener in support of the other party to the proceedings: United Kingdom of Great Britain and Northern Ireland (represented initially by D. Guðmundsdóttir, acting as Agent, and subsequently by S. Fuller, acting as Agent)
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Niche Generics 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.
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Language of the case: English.
(1) OJ C 148, 29.4.2019.
ELI: http://data.europa.eu/eli/C/2024/4823/oj
ISSN 1977-091X (electronic edition)
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