EGA Press Release

Thursday, 1 July 2010

ECJ DECISION HELPS TO ENSURE PATIENT ACCESS TO GENERIC MEDICINES

The European Generic medicines Association has welcomed the Decision from the European Court of Justice, which has endorsed the European Commission’s findings that Astra Zeneca abused its dominant position in the market for proton pump inhibitors. The Court confirmed there was clear evidence of anti-competitive activity, through misuse of the patent and regulatory systems, in order to delay the entry of generic Omeprazol, the active ingredient in the company’s blockbuster drug, Losec.

The entry of the generic versions of the medicine has served to significant lower prices for the molecule by providing robust competition. It has also increased the accessibility to Omeprazol for Europe’s patients due to affordability. By preventing and delaying generic competition, market monopoly was unjustifiably extended. The ECJ Decision may now allow public health insurers and generic drug manufacturers who were affected by the company’s behaviour to claim damages.

The Decision comes almost a year after the European Commission adopted the Final Report on its competition inquiry into the pharmaceutical sector. The inquiry concluded that originator companies use a variety of instruments to extend the commercial life of their products thereby preventing generic entry for as long as possible.

“The Commission’s determination to pursue those engaged in anti-competitive practices, together with the impact of the ECJ’s Omeprazol Decision, should help to ensure a fairer market entry for generic medicines so that they can offer affordability and sustainability for Europe’s health services” says Greg Perry, EGA director general.

More information on the AstraZeneca case is available under: http://curia.europa.eu/jcms/upload/docs/application/pdf/2010-07/cp100067en.pdf

---

For further information contact Elke Grooten
E-mail: