SEP-10(2)

In this issue: This issue contains a special bonus, but first we take a look at two recent EU court decisions. Kent Bernard, Sean-Paul Brankin, and Kristina Nordlander & Patrick Harrison analyze the (at long last!) judgment on AstraZeneca, raising real concerns about the future of legal protection for IP and R&D. Angela Laghezza contributes […]

The AZ Judgment: A Green Light for Further Action on Pharma and IP

Sean-Paul Brankin, Sep 30, 2010 On July 1, 2010, the General Court issued its long awaited judgment in AstraZeneca v Commission, almost five years after AstraZeneca launched its appeal against the EUR 60 million fine imposed on it by the Commission for abuse of dominance in 2005.  The original Commission Decision was ground-breaking. It was […]

A Dozen of our Year-to-Date Favorites

Sep 30, 2010 Here you’ll find a link to a complimentary issue that includes a dozen of our most popular articles published year-to-date. We’re offering this free issue to introduce the revised CPI and our new site license offerings to the antitrust/competition community. These articles represent just a part of the breadth and the width […]

Legal Privilege or Legal Inconvenience? Some Reflections on the Last Judgment of the ECJ in Relation to the Akzo Case

Angela Laghezza, Sep 30, 2010 This article analyzes the concept of Legal Professional Privilege (“LPP”) in EU through the lenses of the Akzo case. It underlines what the recent ECJ Judgment clarified and what, instead, left the door open to further discussion. It concludes that the Court has unduly limited the scope of the LPP […]

General Court’s AstraZeneca Judgment Set to Embolden Commission

Patrick Harrison, Kristina Nordlander, Sep 30, 2010 Five years and two weeks is a long time to wait for a judgment on appeal. For many, it is too long. However, such is the nature of the General Court’s July 1, 2010 judgment in AstraZeneca v Commission that innovative pharmaceutical manufacturers and other companies who are […]

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

Kent Bernard, Sep 30, 2010 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 […]