Source: EURLEX
Language: en
Format: md

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| 22.3.2021 | EN | Official Journal of the European Union | C 98/34 |

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Action brought on 5 February 2021 — Teva Pharmaceutical Industries and Cephalon v Commission

(Case T-74/21)

(2021/C 98/39)

Language of the case: English

Parties

Applicants: Teva Pharmaceutical Industries Ltd (Petach Tikva, Israel), Cephalon Inc. (West Chester, Pennsylvania, United States) (represented by: D. Tayar and S. Ortoli, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

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| — | annul Commission decision C(2020) 8153 Final of 26 November 2020 in its entirety; |

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| — | cancel the fines imposed on Teva Pharmaceutical Industries Ltd. and Cephalon Inc. in Article 2 of the contested decision; |

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| — | alternatively, substantially reduce the fine imposed on Teva Pharmaceuticals Industries Ltd; |

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| — | order the Commission to pay the costs. |

Pleas in law and main arguments

In support of the action, the applicants rely on four pleas in law.

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| 1. | First plea in law, alleging that the Commission erred legally and factually by characterising the agreement at issue as a restriction of competition by object. |

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| 2. | Second plea in law, alleging that the Commission erred legally and factually in characterising the Settlement Agreement as a restriction of competition by effect. |

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| 3. | Third plea in law, alleging that the Commission has erred in applying article 101, paragraph 3 TFEU. |

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| 4. | Fourth plea in law, alleging that the fines imposed on Teva and Cephalon should be annulled, or that, at the very least, the fine imposed on Teva should be significantly reduced. |

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