Publication on the AstraZeneca case
Bart GODDYN published an article, entitled “The AstraZeneca Competition Case: Patent Strategies Constituting Abuse of Dominance”, in the summer edition of the International In-house Counsel Journal (Vol. 7, No. 28, Summer 2014, 1).
In its landmark judgment of 6 December 2012, the Court of Justice of the European Union affirmed that AstraZeneca had abused its dominant position by engaging in certain intellectual property strategies aimed at protecting its product against generic competition. The judgment provides guidance on when life science companies abuse their dominant position through abuse of intellectual property and regulatory procedures.
The article analyses the decision and discusses in particular how AstraZeneca’s patent strategies were caught by Article 102 of the Treaty on the Functioning of the European Union.
The article is available for download here.