The General Court upheld, for the most part, the decision of the European Commission in AstraZeneca. The Court held that AstraZeneca infringed Article 82 EC (prohibition of abuse of a dominant market position) in so far as AstraZeneca requested the registration of Losec capsules market authorisations in Norway and Denmark.
The Court further held that the possession of intellectual property rights can create, in certain circumstances, a dominant position, especially when enabling an undertaking to prevent effective competition on the market.
A full summary of this case has been published on Kluwer IP Law.
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