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Journal of Intellectual Property Law & Practice Advance Access originally published online on January 31, 2006
Journal of Intellectual Property Law & Practice 2006 1(4):266-271; doi:10.1093/jiplp/jpl003
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© The Authors (2006). Published by Oxford University Press. All rights reserved.

New pitfall for the pharmaceutical industry

Maria Isabel Manley and Anna Wray*
*Maria Isabel Manley is a Partner and Anna Wray is an Associate in the specialist IP law firm Bristows London

Legal context This article reviews the Commission decision that fined AstraZeneca {euro}60 million for abuse of Article 82 EC. It looks at the decision in the context of the EU legal framework for pharmaceuticals and considers the legal basis for the Commission decision.

Key points The article highlights the key points of the alleged abusive practices that do not appear to be consistent with the EU regulatory legal framework and the ECJ jurisprudence in particular, read in conjunction with the principle of commercial freedom.

Practical significance The Commission decision (if upheld by the courts) would have an significant impact on the way that pharmaceutical companies run their business. This would constitute an unprecedented interference with the principle of commercial freedom afforded to pharmaceutical companies and specifically recognised by the ECJ.


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