Case C-591/16 P: Judgment of the Court (Fourth Chamber) of 25 March 2021 — H. Lundbeck A/S, Lundbeck Ltd v European Commission, European Federation of Pharmaceutical Industries and Associations (EFPIA) (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 — Sales directly or indirectly related to the infringement)
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, sanction (EU)








C_2021206EN.01000302.xml










31.5.2021   


EN


Official Journal of the European Union


C 206/3






Judgment of the Court (Fourth Chamber) of 25 March 2021 — H. Lundbeck A/S, Lundbeck Ltd v European Commission, European Federation of Pharmaceutical Industries and Associations (EFPIA)
(Case C-591/16 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 - Sales directly or indirectly related to the infringement)
(2021/C 206/04)
Language of the case: English

Parties


Appellants: H. Lundbeck A/S, Lundbeck Ltd (represented by: initially R. Subiotto QC, and T. Kuhn, Rechtsanwalt, and subsequently R. Subiotto QC)

Other parties 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), European Federation of Pharmaceutical Industries and Associations (EFPIA) (represented by: F. Carlin, Barrister, and N. Niejahr, Rechtsanwältin)

Intervener in support of the European Commission: United Kingdom of Great Britain and Northern Ireland (represented by: initially D. Guðmundsdóttir, Z. Lavery and D. Robertson, acting as Agents, J. Turner QC, J. Holmes QC, M. Demetriou QC, and T. Sebastian, Barrister, and subsequently D. Guðmundsdóttir, acting as Agent, J. Turner QC, J. Holmes QC, M. Demetriou QC, and T. Sebastian, Barrister)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders H. Lundbeck A/S and Lundbeck Ltd to bear their own costs and to pay the costs incurred by European Commission;










3.


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










4.


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






(1)  OJ C 30, 30.1.2017.