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Case T-74/21: Action brought on 5 February 2021 — Teva Pharmaceutical Industries and Cephalon v Commission
ECLI:EU:UNKNOWN:62021TN0074
62021TN0074
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22.3.2021
EN
Official Journal of the European Union
C 98/34
(Case T-74/21)
(2021/C 98/39)
Language of the case: English
Parties
Applicants: Teva Pharmaceutical Industries Ltd (Petach Tikva, Israel), Cephalon Inc. (West Chester, Pennsylvania, United States) (represented by: D. Tayar and S. Ortoli, lawyers)
Defendant: European Commission
Form of order sought
The applicants claim that the Court should:
—annul Commission decision C(2020) 8153 Final of 26 November 2020 in its entirety;
—cancel the fines imposed on Teva Pharmaceutical Industries Ltd. and Cephalon Inc. in Article 2 of the contested decision;
—alternatively, substantially reduce the fine imposed on Teva Pharmaceuticals Industries Ltd;
—order the Commission to pay the costs.
Pleas in law and main arguments
In support of the action, the applicants rely on four pleas in law.
1.First plea in law, alleging that the Commission erred legally and factually by characterising the agreement at issue as a restriction of competition by object.
2.Second plea in law, alleging that the Commission erred legally and factually in characterising the Settlement Agreement as a restriction of competition by effect.
3.Third plea in law, alleging that the Commission has erred in applying article 101, paragraph 3 TFEU.
4.Fourth plea in law, alleging that the fines imposed on Teva and Cephalon should be annulled, or that, at the very least, the fine imposed on Teva should be significantly reduced.