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EU Advocate General says the Commission was right in Servier/Krka

18/07/22

On 14 July 2022 Advocate General Kokott advised the Court of Justice to uphold all seven of the Commission’s grounds of appeal and conclude that the General Court erred in law in holding that the Servier / Krka patent settlement agreements did not constitute a restriction of competition by object and by effect.

The Advocate General agreed with the Commission that the General Court was wrong to find that the agreements were based on Krka’s recognition of the strength of Servier’s patent. The Commission had been correct to find that the Servier / Krka agreements had the object of restricting competition because they induced Krka to refrain from competing with Servier in Western European markets. The Advocate General also agreed with the Commission that the General Court was wrong to find that the agreements had no anti-competitive effects, since they had the effect of eliminating Krka as a potential competitor of Servier.

The opinion is here.

David Bailey acted for the European Commission.