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Case T-471/13: Judgment of the General Court of 8 September 2016 — Xellia Pharmaceuticals and Alpharma v Commission (Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by object’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreement concluded between a patent holder and a generic undertaking — Duration of the Commission’s investigation — Rights of the defence — Fines — Legal certainty — Principle that penalties must have a proper legal basis)
ECLI:EU:UNKNOWN:62013TA0471
62013TA0471
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24.10.2016
Official Journal of the European Union
C 392/22
(Case T-471/13) (<span class="super note-tag">1</span>)
((Competition - Agreements, decisions and concerted practices - Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram - Concept of restriction of competition ‘by object’ - Potential competition - Generic medicinal products - Barriers to market entry resulting from the existence of patents - Agreement concluded between a patent holder and a generic undertaking - Duration of the Commission’s investigation - Rights of the defence - Fines - Legal certainty - Principle that penalties must have a proper legal basis))
(2016/C 392/25)
Language of the case: English
Parties
Applicants: Xellia Pharmaceuticals ApS (Copenhagen, Denmark), and Alpharma, LLC, formerly Zoetis Products LLC (Florham Park, New Jersey, United States) (represented by: D. Hull, Solicitor)
Defendant: European Commission (represented by: F. Castilla Contreras and B. Mongin, acting as Agents, and by B. Rayment, Barrister)
Re:
Application for annulment in part of Commission Decision C(2013) 3803 final of 19 June 2013 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39226 — Lundbeck) and for reduction of the amount of the fine imposed on the applicants by that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Xellia Pharmaceuticals ApS and Alpharma LLC to pay the costs.
(<span class="note">1</span>) OJ C 325, 9.11.2013.