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Legal Briefing
AstraZeneca judgment confirms that patent misuse may infringe competition law
Practice Area: Patents
Sector: Healthcare
Jurisdiction: European Union
Published: 26 July 2010
Law Firm: Ashurst
Overview
On 1 July 2010, the European Union's general court largely confirmed a European Commission decision of June 2005 that AstraZeneca had abused its dominant position by misusing the patent system to block or delay market access for generic versions of its drug, Losec (used in the treatment of stomach ulcers and other acid-related diseases), and to prevent parallel imports of Losec between EU member states.
The Commission decided in 2005 that AstraZeneca had abused its dominant position in two ways. In this briefing, Ashurst takes a closer look at the judgment.
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