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Case T-574/14: Judgment of the General Court of 26 September 2018 — EAEPC v Commission (Competition — Agreements, decisions and concerted practices — Parallel trade in medicines — Agreement operating a distinction between prices charged for products intended for resale in Spain and prices charged for products intended for export to other Member States — Request for re-examination of a complaint following judgments of the Court of Justice and the General Court — Article 266 TFEU — Rejection of a complaint — No Union interest — Cessation of the anti-competitive practice — Absence of persisting anti-competitive effects — Case being dealt with by a competition authority of a Member State — Obligations in relation to the investigation of a complaint — Article 105 TFEU — Article 7 of Regulation (EC) No 1/2003 — Procedural rights of a complainant — Obligation to state reasons)
ECLI:EU:UNKNOWN:62014TA0574
62014TA0574
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Official Journal of the European Union
C 427/37
(Case T-574/14) (<span class="super note-tag">1</span>)
(Competition - Agreements, decisions and concerted practices - Parallel trade in medicines - Agreement operating a distinction between prices charged for products intended for resale in Spain and prices charged for products intended for export to other Member States - Request for re-examination of a complaint following judgments of the Court of Justice and the General Court - Article 266 TFEU - Rejection of a complaint - No Union interest - Cessation of the anti-competitive practice - Absence of persisting anti-competitive effects - Case being dealt with by a competition authority of a Member State - Obligations in relation to the investigation of a complaint - Article 105 TFEU - Article 7 of Regulation (EC) No 1/2003 - Procedural rights of a complainant - Obligation to state reasons)
(2018/C 427/45)
Language of the case: English
Parties
Applicant: European Association of Euro-Pharmaceutical Companies (EAEPC) (Brussels, Belgium) (represented by: J.L. Buendía Sierra, L. Ortiz Blanco, Á. Givaja Sanz and M. Araujo Boyd, lawyers)
Defendant: European Commission (represented by: F. Castilla Contreras, F. Jimeno Fernández and C. Vollrath, Agents)
Interveners in support of the defendant: GlaxoSmithKline plc (Brentford, United Kingdom) and GlaxoSmithKline SA (Madrid, Spain) (represented by: initially I.S. Forrester QC, and A. Komninos, lawyer, and subsequently A. Komninos)
Re:
Application under Article 263 TFEU for annulment of Commission Decision C(2014) 3654 final of 27 May 2014 rejecting the complaint filed by the applicant concerning an alleged infringement by Glaxo Wellcome SA of Article 101 TFEU (Case COMP/AT.36957 — Glaxo Wellcome).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders each party to bear its own costs.
(<span class="note"> <a id="ntr1-C_2018427EN.01003701-E0001" href="#ntc1-C_2018427EN.01003701-E0001">*1</a> </span>) OJ C 409, 17.11.2014.