AstraZeneca plc v Commission

AstraZeneca AB and AstraZeneca plc v Commission is an EU competition law case, concerning monopoly and abuse of a dominant position.

Facts

AstraZeneca plc misrepresented the dates of invention of a stomach ulcer drug, omeprazole, to national patent offices and courts. It also deregistered a capsule version, to get longer patent protection, and thus prevent other companies producing generic versions of the drug.
The Commission fined AstraZeneca €60 million. AstraZeneca brought an action against the Commission to annul the fine.

Judgment

The Court of Justice upheld the Commission's fine of €60 million based on ‘highly misleading representations with the aim of leading public authorities into error’, and depriving generic drug manufacturers of the ability to produce the drug. The fact that AstraZeneca was allowed to withdraw Losec capsules under registration procedures did not mean it was not an abuse to do so under article 102.