Judgment of the General Court of 12 December 2018 — Servier and Others v Commission

(Case T-691/14) (1)

((Competition - Agreements, decisions and concerted practices - Abuse of a dominant position - 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 and 102 TFEU - Principle of impartiality - Consultation of the Advisory Committee on Restrictive Practices and Dominant Positions - Right to an effective remedy - Shortness of the period for lodging an action in view of the length of the contested decision - Patent dispute settlement agreements - Licence agreements - Technology acquisition agreements - Exclusive purchasing agreement - Potential competition - Restriction of competition by object - Restriction of competition by effect - Balance between competition law and patent law - Classification as separate infringements or as a single infringement - Definition of the relevant market at the level of the molecule of the medicinal product concerned - Fines - Cumulation of fines imposed under Articles 101 and 102 TFEU - Principle that offences and penalties must have a proper legal basis - Value of sales - Methods of calculation in the event of overlapping infringements on the same markets))

(2019/C 82/31)

Language of the case: French

Parties

Applicants: Servier SAS (Suresnes, France), Servier Laboratories Ltd (Wexham, United Kingdom), Les Laboratoires Servier SAS (Suresnes) (represented initially by I. S. Forrester QC, J. Killick, Barrister, O. de Juvigny, lawyer, and M. Utges Manley, Solicitor, then by J. Killick, O. de Juvigny, M. Utges Manley, J. Jourdan and T. Reymond, lawyers)

Defendant: European Commission (represented initially by T. Christoforou, B. Mongin, C. Vollrath, F. Castilla Contreras and T. Vecchi, then by T. Christoforou, B. Mongin, C. Vollrath, F. Castilla Contreras and J. Norris-Usher, acting as Agents)

Intervener in support of the applicants: European Federation of Pharmaceutical Industries and Associations (EFPIA) (Geneva, Switzerland) (represented by F. Carlin, Barrister, N. Niejahr and C. Paillard, lawyers)

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 applicants and, in the alternative, for reduction of the fine imposed on the applicants by that decision.

Operative part of the judgment

The Court:

1. Annuls Article 4 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 finds that Servier SAS and Laboratoires Servier SAS participated in the agreements referred to in that article;

2. Annuls Article 6 of Decision C(2014) 4955 final;

3. Annuls Article 7(4)(b) and (6) of Decision C(2014) 4955 final;

4. Sets the amount of the fine imposed on Servier and on Laboratoires Servier in respect of the infringement referred to in Article 2 of Decision C(2014) 4955 final, as set out in Article 7(2)(b) thereof, at EUR 55 385 190;

5. Dismisses the action as to the remainder;

6. Orders Servier, Servier Laboratories Ltd and Laboratoires Servier, to pay, in addition to their own costs, the costs incurred by the Commission.

7. Orders the European Federation of Pharmaceutical Industries and Associations (EFPIA) to bear its own costs.

(1) OJ C 462, 22.12.2014.