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Case C-197/19 P: Judgment of the Court (First Chamber) of 27 June 2024 – Mylan Laboratories Ltd, Mylan Inc. 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:62019CA0197

62019CA0197

June 27, 2024
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Official Journal of the European Union

C series

C/2024/4826

12.8.2024

(Case C-197/19 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/2024/4826)

Language of the case: English

Parties

Appellants: Mylan Laboratories Ltd, Mylan Inc. (represented initially by C. Firth, C. Humpe and S. Kon, Solicitors, and V. Adamis, avocat, and subsequently by C. Firth, C. Humpe and S. Kon, Solicitors)

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, 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 Mylan Laboratories Ltd and Mylan Inc. to bear their 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.

Language of the case: English.

(1) OJ C 164, 13.5.2019.

ELI: http://data.europa.eu/eli/C/2024/4826/oj

ISSN 1977-091X (electronic edition)

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