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Case T-460/13: Judgment of the General Court of 8 September 2016 — Sun Pharmaceuticals Industries and Ranbaxy (UK) 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 — Fines — Legal certainty — Principle that penalties must have a proper legal basis — 2006 Guidelines on the method of setting fines — Duration of the Commission’s investigation)
ECLI:EU:UNKNOWN:62013TA0460
62013TA0460
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17.10.2016
Official Journal of the European Union
C 383/10
(Case T-460/13)(1)
((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 - Fines - Legal certainty - Principle that penalties must have a proper legal basis - 2006 Guidelines on the method of setting fines - Duration of the Commission’s investigation))
(2016/C 383/13)
Language of the case: English
Parties
Applicants: Sun Pharmaceuticals Industries Ltd, formerly Ranbaxy Laboratories Ltd (Vadodara, India) and Ranbaxy (UK) Ltd (London, United Kingdom) (represented by: R. Vidal, A. Penny, Solicitors, and B. Kennelly, Barrister)
Defendant: European Commission (represented by: C. Vollrath, F. Castilla Contreras and B. Mongin, acting as Agents, and by D. Bailey, 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 Sun Pharmaceuticals Industries Ltd and Ranbaxy (UK) Ltd to pay the costs.
(1)
OJ C 325, 9.11.2013.