Case T- 691/14 Servier v Commission et al (pay–for–delay) [Archived]

The following Competiton guidance note provides comprehensive and up to date legal information covering:

  • Case T- 691/14 Servier v Commission et al (pay–for–delay) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related cases

ARCHIVED—this achieved case hub reflects the position at the date of the decision of 12 December 2018; it is no longer maintained.

NOTE—appeals lodged before the Court of Justice in Cases C- 144/19 P, C- 151/19 P, C- 164/19 P, C- 166/19 P, C- 176/19 P, C- 197/19 P, C- 198/19 P, C- 201/19 P and C- 207/19 P

See further: timeline and commentary.

Case facts

Outline Appeals to the General Court in seeking annulment and/or reductions in the level of fines imposed regarding the Commission’s decision of 9 June 2014 finding infringements of Article 101 and Article 102 insofar as they relate to Servier and imposing fines totalling €427.7m on Servier and five producers of generic drugs to delay the entry of perindopril.

Outcome On 12 December 2018, the General Court issued its judgments in Cases T- 691/14 Servier v Commission, T- 677/14 Biogaran v Commission, T- 679/14 Teva UK and Others v Commission, T- 680/14 Lupin v Commission, T- 682/14 Mylan Laboratories and Mylan v Commission, T- 684/14 Krka v Commission, all actions for the annulment of the Commission’s decision finding an infringement of Articles 101 and 102 TFEU by Servier and five generic drug manufacturers in relation to pay-for-delay agreements for perindopril (AT.39612).

The General Court partially annulled the Commission’s decision, reducing the fines from a total of €428m to €315m. The Court broadly upheld the fines based on Article 101 TFEU, but it annulled the fine on Servier to the extent that it
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