# C_2019164EN.01002901.xml

| 13.5.2019 | EN | Official Journal of the European Union | C 164/29 |
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13.5.2019

EN

Official Journal of the European Union

C 164/29

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Appeal brought on 28 February 2019 by Teva UK Ltd, Teva Pharmaceuticals Europe BV, Teva Pharmaceutical Industries Ltd against the judgment of the General Court (Ninth Chamber) delivered on 12 December 2018 in Case T-679/14: Teva UK Ltd and Others v Commission

(Case C-198/19 P)

(2019/C 164/32)

Language of the case: English

Parties

Appellants: Teva UK Ltd, Teva Pharmaceuticals Europe BV, Teva Pharmaceutical Industries Ltd (represented by: D. Tayar, avocat, A. Richard, avocate)

Other parties to the proceedings: European Generic medicines Association AISBL (EGA), European Commission

Form of order sought

The appellants claim that the Court should:

| — | accept the appeal and declare the action admissible; |
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accept the appeal and declare the action admissible;

| — | set aside the judgment of the General Court of 12 December 2018 in case T-679/14; |
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set aside the judgment of the General Court of 12 December 2018 in case T-679/14;

| — | refer the case back to the General Court for a new decision to be taken, unless the Court considers that it is sufficiently well informed to annul Commission Decision COMP/AT.39612 (1)‘Perindopril (Servier)’ of 9 July 2014insofar as it finds that Teva UK limited, Teva Pharmaceuticals Europe B.V. and Teva Pharmaceutical Industries Limited infringed Article 101 of the TFEU and cancel the fine imposed Teva UK limited, Teva Pharmaceuticals Europe B.V. and Teva Pharmaceutical Industries Limited, and |
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refer the case back to the General Court for a new decision to be taken, unless the Court considers that it is sufficiently well informed to annul Commission Decision COMP/AT.39612 (1)‘Perindopril (Servier)’ of 9 July 2014insofar as it finds that Teva UK limited, Teva Pharmaceuticals Europe B.V. and Teva Pharmaceutical Industries Limited infringed Article 101 of the TFEU and cancel the fine imposed Teva UK limited, Teva Pharmaceuticals Europe B.V. and Teva Pharmaceutical Industries Limited, and

| — | order the Commission to pay the costs of these proceedings, including the costs incurred by the appellants before this Court and before the General Court. |
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order the Commission to pay the costs of these proceedings, including the costs incurred by the appellants before this Court and before the General Court.

Pleas in law and main arguments

The appellants put forward three pleas in law to support their request:

| 1. | The General Court erred in law in the standard applied to assess whether Teva was a potential competitor to Servier. |
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1.

The General Court erred in law in the standard applied to assess whether Teva was a potential competitor to Servier.

| 2. | The General Court erred in law in finding that the agreement was restrictive of competition by object under Article 101(1) TFEU. |
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2.

The General Court erred in law in finding that the agreement was restrictive of competition by object under Article 101(1) TFEU.

| 3. | The General Court erred in law in its application of Article 101(3) TFEU. |
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3.

The General Court erred in law in its application of Article 101(3) TFEU.

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(1)  Summary of Commission Decision of 9 July 2014 relating to a proceeding under Articles 101 and 102 of the Treaty on the Functioning of the European Union (Case AT.39612 — Perindopril (Servier)) (notified under document C(2014) 4955) (JO 2016 C 393, p. 7).

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