Astrazeneca V the Walker Process—a real EU–US divergence or just an attempt to compare apples to oranges?

Author(s)

Gallasch, Sven

Abstract

The General Court’s (GC) judgment in AstraZeneca was the first opportunity for the European Courts to address the issue of misuse of procedural rules and the potential anti-competitive harm of such misuse in the context of intellectual property rights in the highly regulated pharmaceutical sector. In its judgment, the GC upheld the European Commission’s finding that AstraZeneca had abused its dominant position by acquiring patent extensions which it would not have been entitled to. For the first time in its history, the Court had to decide whether the misrepresentation in front of a public agency would constitute an abuse of a dominant position and subsequently the requirements that would have to be satisfied for establishing such an abuse.

Publication year

2011

Publication type

Journal article

Source

European Competition Journal, Vol. 7, no. 3 (2011), pp. 505-526

ISSN

1744-1056

Publisher

Routledge

Copyright

Copyright © 2011 Informa UK Limited.

Details