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Case T-677/14: Judgment of the General Court of 12 December 2018 — Biogaran v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Articles 101 TFEU and 102 TFEU — Agreements intended to delay, or even prevent, the market entry of generic versions of perindopril — Participation of a subsidiary in the infringement committed by its parent company — Imputation of the infringement — Joint and several liability — Ceiling of the fine)

ECLI:EU:UNKNOWN:62014TA0677

62014TA0677

December 12, 2018
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Official Journal of the European Union

C 82/24

(Case T-677/14) (<span class="oj-super oj-note-tag">1</span>)

((Competition - Agreements, decisions and concerted practices - Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions - Decision finding an infringement of Articles 101 TFEU and 102 TFEU - Agreements intended to delay, or even prevent, the market entry of generic versions of perindopril - Participation of a subsidiary in the infringement committed by its parent company - Imputation of the infringement - Joint and several liability - Ceiling of the fine))

(2019/C 82/26)

Language of the case: French

Parties

Applicant: Biogaran (Colombes, France) (represented by: T. Reymond, O. de Juvigny and J. Jourdan, lawyers)

Defendant: European Commission (represented initially by F. Castilla Contreras, T. Vecchi and B. Mongin, and subsequently by F. Castilla Contreras, B. Mongin and C. Vollrath, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2014) 4955 final of 9 July 2014 relating to a proceeding under Article 101 and Article 102 TFEU [Case AT.39612 — Perindopril (Servier)] in so far as it concerns the applicant and, in the alternative, for reduction of the fine imposed on the applicant by that decision.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Biogaran to pay the costs.

(<span class="oj-super">1</span>) OJ C 395, 10.11.2014.

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