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The ECJ has dismissed Telefónica’s appeal against the General Court’s judgment that upheld the European Commission's 2007 decision finding that Telefónica had engaged in an abuse of a dominant position through the imposition of an unlawful margin squeeze.
The ECJ confirmed that the Commission is entitled to apply Article 102 in regulated markets without it being necessary to demonstrate the actual anti-competitive effects of a margin squeeze.
Further, the ECJ held that Telefónica could reasonably foresee that its conduct was abusive and the fine did not breach the principles of equal treatment or proportionality.
The European Commission has fined Les Laboratoires Servier (Servier) and five generic competitors nearly €427.7 million for practices that breached Article 101 and Article 102 by delaying the generic entry of the cardio-vascular drug perindopril.
The Commission found that patent settlement agreements had been concluded between Servier and the generic companies which prevented or delayed entry of cheap generic versions of perindopril contrary to Article 101.
The Commission also considered that Servier held significant market power in the market for the perindopril molecule and had abused its dominant position contrary to Article 102 by inducing such settlement agreements and by acquiring scarce competing technologies, which made generic entry more difficult.
The General Court has delivered its judgments on appeals by Sasol, Esso and ExxonMobil and RWE, against the European Commission decision finding a cartel in the EEA paraffin waxes market and the German slack wax market.
The General Court has reduced the fines imposed in each case.
In relation to Esso/Exxon Mobil, the General Court found that the Commission, despite having correctly established the duration of the infringement, had failed to consider that Exxon did not participate in the infringement before the Exxon/Mobil merger when calculating the fine.
In relation to Sasol and RWE, the General Court found that the Commission was wrong to find that they exercised decisive influence over certain joint ventures.
The CMA has announced that, as part of its ongoing investigation into cartel activity in relation to the supply of galvanised steel tanks for water storage, two more individuals have been charged with breach of the criminal cartel offence under section 188 of the Enterprise Act 2002.
Clive Geoffrey Dean and Nicholas Simon Stringer were charged with dishonestly agreeing to divide customers, fix prices and rig bids between 2004 and 2012 in respect of the supply in the UK of galvanised steel tanks for water storage.
This article was written by Paul Stone.
For more information please contact Paul on +44 (0)20 7203 5110 or firstname.lastname@example.org.