Case C-611/16 P: Judgment of the Court (Fourth Chamber) of 25 March 2021 — Xellia Pharmaceuticals ApS, Alpharma LLC, formerly Zoetis Products LLC v European Commission (Appeal — Competition — Agreements, decisions and concerted practices — Pharmaceutical products — Market for antidepressants (citalopram) — Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines — Article 101 TFEU — Potential competition — Restriction by object — Characterisation — Calculation of the amount of the fine — Rights of the defence — Reasonable time — Loss of documents due to the passage of time — General duty of care — Regulation (EC) No 1/2003 — Second subparagraph of Article 23(2) — Maximum amount of the fine — Taking into account the business year preceding that in which the European Commission’s decision was adopted — Last full year of normal economic activity)
Date: 2021-03-25
Institutions: Court of Justice
Subjects: European patent, cartel, competition policy, control of restrictive practices, generic drug, market access, patent law, restriction on competition, rights of the defence, sanction (EU)








C_2021206EN.01000501.xml










31.5.2021   


EN


Official Journal of the European Union


C 206/5






Judgment of the Court (Fourth Chamber) of 25 March 2021 — Xellia Pharmaceuticals ApS, Alpharma LLC, formerly Zoetis Products LLC v European Commission
(Case C-611/16 P) (1)

(Appeal - Competition - Agreements, decisions and concerted practices - Pharmaceutical products - Market for antidepressants (citalopram) - Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines - Article 101 TFEU - Potential competition - Restriction by object - Characterisation - Calculation of the amount of the fine - Rights of the defence - Reasonable time - Loss of documents due to the passage of time - General duty of care - Regulation (EC) No 1/2003 - Second subparagraph of Article 23(2) - Maximum amount of the fine - Taking into account the business year preceding that in which the European Commission’s decision was adopted - Last full year of normal economic activity)
(2021/C 206/06)
Language of the case: English

Parties


Appellants: Xellia Pharmaceuticals ApS, Alpharma LLC, formerly Zoetis Products LLC (represented by: D.W. Hull, Solicitor)

Other party to the proceedings: European Commission (represented by: F. Castilla Contreras, T. Vecchi, B. Mongin and C. Vollrath, acting as Agents, B. Rayment and D. Bailey, Barristers, G. Peretz QC, and S. Kingston, Senior Counsel)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented by: initially D. Guðmundsdóttir, Z. Lavery and D. Robertson, acting as Agents, and J. Holmes QC, and subsequently D. Guðmundsdóttir, acting as Agent, and J. Holmes QC)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Xellia Pharmaceuticals ApS and Alpharma LLC to bear their own costs and to pay the costs incurred by the European Commission;










3.


Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.






(1)  OJ C 30, 30.1.2017.