Can competition law repair patent law and administrative procedures? AstraZeneca

Publishers Abstract:
Case C-457110 P, AstraZeneca AB and AstraZeneca plc v. European Commission, Judgment of the Court of Justice (First Chamber) of Dec 6, 2012, nyr. is presented. In AstraZeneca a lot was at stake. The company AstraZeneca had -- according to the Commission -- made false statements at patent offices and taken abusive actions to secure a prolonged patent protection for its blockbuster medicine Losec.

The case shows that the Court is willing to accompany the Commission in its endeavour to induce more competition in the health care sector. The EU sector inquiry on pharma and subsequent enforcement initiatives show that the sector is under pressure from the Commission. As a result, the fine against AstraZeneca of EUR 60 million stands. It could be the starting point for a more vigorous enforcement of competition rules in domains that seem to need reform. Competition law, this very basic concept of the economic order in the EU, is activated as the "repair service" for sectors in need

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