publication de la décision


Teva Pharmaceuticals has been marketing Copaxone, a treatment for multiple sclerosis, particularly within the European Economic Area (EEA), where it has enjoyed significant commercial success. The active ingredient in Copaxone, glatiramer acetate (GA), was facing patent expiration in 2015, prompting Teva to formulate a comprehensive strategy aimed at safeguarding its market position against impending competition, notably from Synthon's GA. In late October 2019, unannounced inspections were conducted by the European Commission at Teva's facilities across the Netherlands, Germany, and the UK. Subsequently, on March 4, 2021, the Commission initiated proceedings to examine potential violations under EU competition law. The inquiry identified the market for GA as significant, revealing that Teva held a dominant position across seven member states—Belgium, Czech Republic, Germany, Italy, Netherlands, Poland, and Spain—due to considerable market shares and substantial profits, coupled with high entry barriers and a lack of buyer power. The Commission's findings indicated that Teva engaged in two main abusive practices. First, it allegedly misused its patent rights by filing divisional patents with overlapping claims, hindering effective legal scrutiny and delaying challenges from generic competitors. Second, Teva was found to have initiated a smear campaign against Synthon GA, disseminating misleading information aimed at obstructing its market entry. As a result of these infractions, Teva was levied a substantial fine of €462,578,000, calculated based on its average annual sales over the infringement period. This penalty is unprecedented in addressing the specific types of anticompetitive conduct identified and serves to deter similar future actions by large pharmaceutical entities.



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