AstraZeneca loses appeal at Court of Justice

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

AstraZeneca loses appeal at Court of Justice

Pharma companies in Europe should reconsider their antitrust risk following a ruling by the Court of Justice this morning

In a relatively straightforward decision, the Court dismissed AstraZeneca's appeal of a General Court ruling that had in turn largely upheld a finding by the European Commission in 2005.

That finding imposed a fine of €60 million on AstraZeneca (later reduced to €52.5 million by the General Court) for infringing competition rules. The Commission said the company's patent and SPC strategies, designed to limit competition from generic rivals, amounted to an abuse of its dominant position.

The Court of Justice also rejected a cross-appeal by the Commission in relation to the reduced level of fine imposed on AstraZeneca.

For the full background on the case, see Managing IP's briefing.

"The Commission will be delighted with the endorsement to its approach; innovative pharma less so. The pharmaceutical industry is now subject to a set of onerous but not fully clear obligations," commented Marie Manley, head of Bristows' Pharmaceutical Regulatory team.

John Cassels at Field Fisher Waterhouse identified three key lessons from the case:

  • There is a trend towards narrower market definition which means that companies may be wrong when they consider themselves too small to be dominant;

  • First movers with patents face a risk of dominance, even in sectors characterised by innovation; and

  • It appears to impose active obligations on dominant companies, for example to disclose their interpretation of legal provisions upon which they rely when applying for IP rights or undertaking a course of action

Pat Treacy, head of Bristows' competition team, argued that the impact goes beyond the pharma sector. "All companies which may be dominant now have an obligation to conduct themselves transparently when dealing with the public authorities. AstraZeneca has been penalised for making arguments that favoured its position when the issue was legally unclear," she said.

For background on the case, see Managing IP's guide to the case.

The full text of the decision can be seen here.

more from across site and SHARED ros bottom lb

More from across our site

Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Mitesh Patel at Reed Smith outlines why the US Copyright Office and courts have so far dismissed AI authorship and how inventors can protect AI-generated works
Xia Zheng, founder of AFD China, discusses balancing legal work with BD, new approaches to complex challenges, and the dangers of ‘over-optimism’
A dispute involving semiconductor technology and a partner's move from Hoffman Eitle to Hoyng Rokh Monegier were also among the top talking points
Gift this article