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ARTICLE · 06 JULY 2010

Competition Law and Intellectual Property Go Another Round

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In a new judgment that further explores the application of competition law to intellectual property rights, the EU General Court has upheld a 2005 Commission decision finding that AstraZeneca abused a market-dominant position by blocking or delaying the entry of generic versions of its ulcer drug Losec.

European UnionAntitrust/Competition Law
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Article by Gillian Sproul , Nathalie Jalabert-Doury , Kiran S. Desai and Jens Peter Schmidt

Originally published 2 July 2010

Keywords: competition law, intellectual property rights, AstraZeneca, abuse of market dominance, Losec, patent, EU Treaty, misleading representations,

In a new judgment that further explores the application of competition law to intellectual property rights, the EU General Court has upheld a 2005 Commission decision finding that AstraZeneca1 abused a market-dominant position by blocking or delaying the entry of generic versions of its ulcer drug Losec2. However, the Court has also reduced to €52.5 million the €60 million fine originally imposed on AstraZeneca, reflecting the Commission's failure to prove one element of its case.

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