CELEX: 62013TA0460
Language: en
Date: 2016-09-08 00:00:00
Title: Case T-460/13: Judgment of the General Court of 8 September 2016 — Sun Pharmaceuticals Industries and Ranbaxy (UK) v Commission (Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition by object — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreement concluded between a patent holder and a generic undertaking — Fines — Legal certainty — Principle that penalties must have a proper legal basis — 2006 Guidelines on the method of setting fines — Duration of the Commission’s investigation)

17.10.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 383/10
            
         Judgment of the General Court of 8 September 2016 — Sun Pharmaceuticals Industries and Ranbaxy (UK) v Commission
   (Case T-460/13) (1)
   
   ((Competition - Agreements, decisions and concerted practices - Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram - Concept of restriction of competition by object - Potential competition - Generic medicinal products - Barriers to market entry resulting from the existence of patents - Agreement concluded between a patent holder and a generic undertaking - Fines - Legal certainty - Principle that penalties must have a proper legal basis - 2006 Guidelines on the method of setting fines - Duration of the Commission’s investigation))
   (2016/C 383/13)
   Language of the case: English
   
      Parties
   
   
      Applicants: Sun Pharmaceuticals Industries Ltd, formerly Ranbaxy Laboratories Ltd (Vadodara, India) and Ranbaxy (UK) Ltd (London, United Kingdom) (represented by: R. Vidal, A. Penny, Solicitors, and B. Kennelly, Barrister)
   
      Defendant: European Commission (represented by: C. Vollrath, F. Castilla Contreras and B. Mongin, acting as Agents, and by D. Bailey, Barrister)
   
      Re:
   
   Application for annulment in part of Commission Decision C(2013) 3803 final of 19 June 2013 relating to a proceeding under Article 101 [TFEU] and Article 53 of the EEA Agreement (Case AT.39226 — Lundbeck) and for reduction of the amount of the fine imposed on the applicants by that decision.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Sun Pharmaceuticals Industries Ltd and Ranbaxy (UK) Ltd to pay the costs.
            
         
      (1)  OJ C 325, 9.11.2013.