C-611/16 PXellia Pharmaceuticals ApS and Alpharma, LLC, anciennement Zoetis Products LLC v European Commission

Domstolens egne nøkkelord

Appeal – Competition – Agreements, decisions and concerted practices – Pharmaceutical products – Market for antidepressants (citalopram) – Settlement agreements relating to disputes concerning process patents concluded by a manufacturer of originator medicines who is the holder of those patents and manufacturers of generic medicines – Article 101 TFEU – Potential competition – Restriction by object – Characterisation – Calculation of the amount of the fine – Rights of the defence – Reasonable time – Loss of documents due to the passage of time – General duty of care – Regulation (EC) No 1/2003 – Second subparagraph of Article 23(2) – Maximum amount of the fine – Taking into account the business year preceding that in which the European Commission’s decision was adopted – Last full year of normal economic activity.

Tolker