1253/1/12/16 (1) Xellia Pharmaceuticals APS (2) Alpharma LLC v Competition and Markets Authority

(1) Xellia Pharmaceuticals APS (2) Alpharma LLC v Competition and Markets Authority

Case number:

1253/1/12/16 Registered: 12/4/2016


Summary of appeal published on 18 April 2016. A first case management conference (“CMC”) took place on 13 May 2016. At the first CMC the President ordered that cases 1251-1255 would be heard together in a hearing starting in February 2017.

A second CMC took place on 17 November 2016. At the second CMC the President gave a ruling concerning expert evidence ([2016] CAT 24), laid down further directions to the hearing and ordered that a Pre-Trial Review take place in early February 2017.

Further to an application made by GlaxoSmithKline PLC (“GSK”) on 16 December 2016, a short hearing took place on 20 December 2017 at which the President granted GSK permission to serve further expert evidence. The President also made other consequential amendments to the directions to the hearing.

A Pre-Trial Review took place 7 February 2017 at which the President laid down further directions to the hearing.

The hearing of the appeals took place from 27 February until 30 March 2017.

Judgment in the appeals ([2018] CAT 4) was handed down on 8 March 2018.

On 27 March 2018 the Tribunal made an order: (i) referring certain questions to the Court of Justice of the European Union (“CJEU”) for a preliminary ruling pursuant to Article 267 of the Treaty on the Functioning of the European Union; and (ii) staying the Tribunal proceedings pending the CJEU’s preliminary ruling.

The CJEU has registered the reference as Case C-307/18. The reference questions have also been published in the Official Journal (OJ 2018 C 240, p.29).

Diary events for this case:

  • There are currently no forthcoming diary events for this case.
  • 13 May 2016 | 10.30am (Court 1) - Case management conference
  • 17 Nov 2016 | 10.30am - Case management conference
  • 20 Dec 2016 | 2.30pm - Hearing ( Application by GSK)
  • 7 Feb 2017 | 10.30am - Case management conference (Pre-Trial Review)
  • 27 Feb 2017 | 10.30am (time estimate of 5 weeks) - Hearing
  • 8 Mar 2018 | 3.00pm - Handing down hearing