CELEX: 62014TA0684
Language: en
Date: 2018-12-12 00:00:00
Title: Case T-684/14: Judgment of the General Court of 12 December 2018 — Krka v Commission (Competition — Agreements, decisions and concerted practices — Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions — Decision finding an infringement of Article 101 TFEU — Patent dispute settlement agreement — Licensing agreement — Technology acquisition agreement — Restriction of competition by object — Restriction of competition by effect — Balance between competition law and patent law)

4.3.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/27
            
         
      Judgment of the General Court of 12 December 2018 — Krka v Commission
      (Case T-684/14) (1)
      
      ((Competition - Agreements, decisions and concerted practices - Market for perindopril, a medicinal product intended for the treatment of cardiovascular diseases, in its originator and generic versions - Decision finding an infringement of Article 101 TFEU - Patent dispute settlement agreement - Licensing agreement - Technology acquisition agreement - Restriction of competition by object - Restriction of competition by effect - Balance between competition law and patent law))
      (2019/C 82/30)
      Language of the case: English
      
         Parties
      
      
         Applicant: Krka Tovarna Zdravil d.d. (Novo Mesto, Slovenia) (represented by T. Ilešič and M. Kocmut, lawyers)
      
         Defendant: European Commission (represented by F. Castilla Contreras, B. Mongin and C. Vollrath, acting as Agents, assisted by D. Bailey, Barrister)
      
         Re:
      
      Application under Article 263 TFEU for partial 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 applicant.
      
         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 Krka Tovarna Zdravil d.d. participated in the agreements referred to in that article;
               
            
                  2.
               
               
                  Annuls Article 7(4)(a) of Decision C(2014) 4955 final;
               
            
                  3.
               
               
                  Annuls Articles 8 and 9 of Decision C(2014) 4955 final, in so far as they concern Krka Tovarna Zdravil;
               
            
                  4.
               
               
                  Orders the Commission to pay the costs.
               
            
         (1)  OJ C 431, 1.12.2014.