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

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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 registered the reference as Case C-307/18. The reference questions were also published in the Official Journal (OJ 2018 C 240, p.29). The hearing before the CJEU took place on 19 September 2019. 

On 30 January 2020 the CJEU delivered its judgment (Case C-307/18 Generics (UK) and Others (EU:C:2020:52)).

The Tribunal delivered its supplementary judgment on 10 May 2021 ([2021] CAT 9).

Events

  • Case management conference
  • Case management conference
  • Hearing ( Application by GSK)
  • Case management conference (Pre-Trial Review)
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