The AstraZeneca Decision in the General Court: Some Basic Observations and a Few Interesting Questions

By its decision of July 1, 2010 in AstraZeneca the General Court upheld the decision of the European Commission that AstraZeneca had abused a dominant position in breach of Article 82 (now 102).

The abuse consisted of two courses of conduct. First, AstraZeneca was found to have blocked or delayed market access for generic versions of AstraZeneca’s Proton Pump Inhibitor, Losec, by making misrepresentations to certain EEA national patent offices in order to obtai