EU top court rejects Servier appeal against EU antitrust fine

Unichem Laboratories

27/06/2024 08:51

BRUSSELS, June 27 (Reuters) - Europe's top court on
Thursday rejected French drugmaker Servier's appeal against a
finding by EU antitrust regulators a decade ago that its
pay-for-delay deals with generic rivals were anti-competitive.
    "The Court dismisses the appeals of Lupin, Niche Generics,
Unichem Laboratories, Matrix, Teva and Biogaran. It thereby
confirms the judgments of the General Court that held that the
agreements concluded by Servier and Biogaran constituted
market-exclusion agreements and restricted competition," judges
said.
    "Those companies therefore remain liable for the fines
imposed by the Commission," the Luxembourg-based Court of
Justice of the European Union said.
    The European Commission handed down the 331 million euro
($354 million) fine in 2014 to Servier, as well as fines to
generic drugmakers Teva  TEVA.TA , Unichem and its subsidiary
Niche, Matrix which is now known as Mylan Laboratories, Krka and
Lupin for their deals between 2005 and 2007.
    A lower tribunal cut Servier's fine to 228 million euros in
2018, citing errors in EU regulators' analysis, after the
company challenged the EU decision.   
    The cases are C-144/19 P Lupin v Commission, C-151/19 P
Commission v Krka, C-164/19 P Niche Generics v Commission,
C-166/19 P Unichem Laboratories v Commission, C-176/19 P
Commission v Servier and Others, C-197/19 P Mylan Laboratories
and Mylan v Commission, C-198/19 P Teva UK and others v
Commission, C-201/19 P Servier and others v Commission and
C-207/19 P Biogaran v Commission.
    ($1 = 0.9353 euros)

 (Reporting by Foo Yun Chee; Editing by Alex Richardson)
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