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2012-12 E.C.R. 1 (2012)

handle is hein.intyb/rcbjcofi0342 and id is 1 raw text is: ZCVRLA Reports of Cases Case C-457/10P AstraZeneca AB and AstraZeneca plc V European Commission (Appeal - Competition - Abuse of dominant position - Market in anti-ulcer medicines - Abuse of procedures relating to supplementary protection certificates for medicinal products and of marketing authorisation procedures for medicinal products - Misleading representations - Deregistration of marketing authorisations - Obstacles to the marketing of generic medicinal products and to parallel imports) Summary - judgment of the Court (First Chamber), 6 December 2012 1. Competition - Dominant position - Relevant market - Delimitation - Criteria - Demand side substitutability of the products - Launch of a new product - Gradual nature of the increase in sales of a new product not necessarily meaning that a competitive constraint is exercised by an existing product (Art. 82 EC) 2. Appeals - Grounds - Incorrect assessment of the facts and evidence - Inadmissibility - Review by the Court of the assessment of the facts and evidence - Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEL; Statute of the Court of Justice, Art. 58, first para.) 3. Competition - Dominant position - Abuse - Concept - Pharmaceutical undertaking (Art. 82 EC) 4. Competition Dominant position - Abuse - Submission of misleading information to the authorities Information enabling an exclusive right to be issued - Abusive nature - Criteria for assessment (Art. 82 EC) 5. Competition - Dominant position - Abuse - Obligations on the dominant undertaking - Pharmaceutical undertaking - Competition on the basis of merit - Scope (Art. 82 EC) ECLI:EU:C:2012:770

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