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Journal of Intellectual Property Law & Practice Advance Access originally published online on May 28, 2008
Journal of Intellectual Property Law & Practice 2008 3(7):434-438; doi:10.1093/jiplp/jpn095
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© The Authors (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

Restricting pharma supplies and abuse of dominant position

Christopher Stothers
Milbank, Tweed, Hadley & McCloy LLP, London
University College London

Sot. Lélos kai Sia (Syfait II) Joined Cases C-468/06 to C-478/06, European Court of Justice, Opinion of Advocate General Colomer, 1 April 2008

The refusal by a dominant undertaking to supply pharmaceutical products in order to restrict parallel trade is likely to constitute the abuse of a dominant position under Article 82 of the EC Treaty, according to Advocate General Colomer in Syfait II. Although such a refusal is capable of objective justification, the Advocate General suggests that this is unlikely despite the interference by Member States with pharmaceutical pricing, disagreeing in this respect with Advocate General Jacobs.

Correspondence: Email: cstothers{at}milbank.com


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