Therefore, the actions on the part of Ortho UK and Cilag Alsbach which impeded the export of Gravindex pregnancy tests by British dealers to the German market, restricted competition within the common market to an appreciable degree. Thirdly, Ortho UK might change the Gravindex trade mark. Help Print this page. On the other hand it is taken into account that the export prohibitions imposed on the German dealers had little practical significance since prices in other markets were and continued to be lower and exports therefore of no interest. The Commission has therefore thought it appropriate to impose a fine of the sum set out in Article 3,. In this case the restrictions prevented trade between, in particular, the United Kingdom and other Member States, caused or at least contributed to an artificial partitioning of the common market and were likely to hinder the establishment of a single market among Member States.
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The UK trade price lists do not mention the product Gravindex, as it is not a pharmaceutical, but a diagnostic product. Treaty establishing the European Economic Community Legal basis: It made and carried out threats to withhold or delay supplies, and also instituted a system of checks on dealers. See for example 24 January price list. In January Ortho UK issued a new price list, wherein the global export ban was replaced by a prohibition on exports to non-EEC countries, which later was omitted from the October price list.
Since he denied making the exports, subsequent deliveries to him and to another purchaser, the firm of The product Gravindex pregnancy tests appears in those price lists from on. It is of no relevance therefore to know if the company was aware that it infringed Article 85 1 5.
However, this finding does not affect grkndig amount of the fine. At the same time orders from at least three chemists were considerably delayed.
Dutch firm Chefaro, geundig products of which are traded in Germany by the firm Roland. Orders from three chemists, placed during May and Junewere held up for six to seven months, although Ortho UK’s stocks were sufficient at the times these orders were placed, and other customers’ orders were dealt with much more quickly.
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By test purchase from Eurim Pharm, Cilag Alsbach Obtained possession of a Gravindex package which was specially identified by ggrundig batch number and also by a triangular piece cut out of the package insert see letter from Cilag Alsbach to Ortho UK of 4 February This firm bb separate price-lists “Preislisten” for diagnostic products and pharmaceutical products. Skip to main content. Ortho UK must have known that such a clause and the abovementioned practices had as their object and effect a restriction of competition within the common market.
Therefore also the export ban imposed by Cilag Alsbach is likely to affect trade between Member States to an appreciable degree, especially taking into account Cilag Alsbach’s position on the market 1.
Each Gravindex test consists of two bottles, containing respectively 2 mg of antigen and 2 mg of antiserum. Restriction of competition They intended to protect their marketing policies from any possible change in the market and price situation.
Moreover, Cilag Alsbach continued its actions even after the Decision of the Court of Justice of 20 May in the Centrafarm case although it was aware – as it has admitted – that grundib that Decision it was unlawful to hinder parallel imports. The letter of 18 May indicated four “possible methods” of stopping the trade of Gravindex slide tests from the UK into Germany. See for example the October price list. In fixing the amount of the fine, regard shall be had to both the gravity and the duration of the infringement.
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The same letter made it clear that Ortho UK’s export prohibition was aimed principally at “Europe” which in this context must be taken substantially to mean other EEC countries. It was formed in Moreover, in this case the export prohibition imposed by Ortho UK had restrictive effects.
As regards the gravity and duration of the infringements, export prohibitions are serious restrictions of competition and contrary to the goal of a single market among the Member States. On the facts set out above, the Commission has reached the conclusion that the parties knew, or at the very least should have known, that the export prohibitions had restrictive effects on competition and were likely to affect trade between Member States.
The inclusion a by Ortho Pharmaceutical Ltd of an export prohibition for the product Gravindex in the UK trade price lists from 1 January to 1 January.
Two basic types of pregnancy tests may be distinguished: These facts show that the amendment of the export prohibition by Ortho UK was a pure fiction. Article 85 1 of the EEC Treaty prohibits as incompatible with the common market all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market.
Having regard to the Treaty establishing the European Economic Community and in particular Article 85 thereof.
Account has been taken of the principles of equity and proportionality. The fact that Ortho UK imposed the export prohibition and that Cilag Alsbach insisted on its application, shows grumdig the object of their combined actions was to maintain the separation of, in particular, the United Kingdom and German markets and the wide difference between the prices in the UK and elsewhere.
By 11001 of 19 January to Cilag Alsbach, Ortho UK confirmed that if an exporter were identified, the supply of Gravindex to the German market would be stopped.