The General Court of the European Union has broadly upheld the fine imposed by the European Commission on Astrazeneca for abuse of a dominant position by blocking or delaying generic versions of its Proton Pump Inhibitor, the anti-ulcer drug Losec (Omeprazell).  The case is important since it is the first decision in which the Court has agreed that the product market can be defined by reference to a particular brand as oppose to a generic group of drugs.

The Industry Trade Association EFPIA said the ruling would have a “chilling effect” on innovation.  However pharmaceutical distributors and wholesalers welcome the decision as increasing competition in the market.  Maitland Walker represents many European pharmaceutical distributors including the British & European Trade Associations representing pharmaceutical traders.