CFI Judgment in Case T-168/01 GlaxoSmithKline v. Commission

On October 20, 2006, the Brussels office authored an alert entitled, “CFI Judgment in Case T-168/01 GlaxoSmithKline v. Commission.” This alert discusses the much-awaited judgment of the Court of First Instance in Case T-168/01. In a surprise move, the CFI annulled the Commission’s finding that GlaxoSmithKline had violated Article 81 of the EC Treaty by operating a dual pricing system under which it priced pharmaceutical products sold and dispensed in Spain at a lower level than the same products destined for export outside Spain. The alert summarizes key aspects of the decision.