Are Rights Finally Becoming Fundamental?

Patrick Harrison, Kristina Nordlander, Feb 22, 2012

In the landmark 2005 Article 102 TFEU case regarding Losec, AstraZeneca was fined EUR 60 million for conduct that would not have been an infringement of EU competition law had AstraZeneca not been found to be dominant in the relevant market. The European Commission (“Commission”) found that the relevant market on which Losec competed should be defined narrowly to include only the newer class of medicines (“PPIs”) to the