ECJ Rules On Parallel Trade Case

'A pharmaceuticals company is abusing its dominant position if it refuses to meet ordinary orders by wholesalers in order to prevent parallel exports.' This was the final verdict from the European Court of Justice (ECJ) in relation to the long-standing legal battle between GlaxoSmithKline (GSK) and Greek wholesalers in which GSK was accused of breaching both national and Community competition law. However, while drugmakers cannot refuse normal orders, they are still permitted to protect their own commercial interests through curbing supplies for orders deemed 'out of the ordinary'. Parties representing both sides welcomed the verdict as a positive step; however,

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