Supreme Court dismisses Servier’s appeal concerning the binding nature of finding of facts in the General Court’s Servier judgment; reference to the Court of Justice unnecessary

Article summary

The Supreme Court handed down its judgment in Secretary of State for Health and others v Servier Laboratories Ltd and others [2020] UKSC 44​, an appeal brought by Servier Laboratories Ltd and others (Servier) against the Court of Appeal’s judgment of 27 June 2019 holding that certain findings of fact made by the General Court in its judgment in Case C- 691/14 Servier and others v Commission are not binding in national proceedings, in the context of a stand-alone claim for damages following the European Commission’s decision of 9 July 2014 which found that Servier’s ‘pay for delay’ settlement agreements with generic companies for perindopril were anti-competitive (AT.39612). The Supreme Court unanimously dismissed Servier’s appeal.