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The means employed included measures to identify the exporters, threatening to cut off a dealer’s supplies and even a refusal to supply certain chemists by withholding supplies totally or by drastically limiting them. 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 after that Decision it was unlawful to hinder parallel imports. No special notice of the changes was given to Ortho UK’s customers. The prohibition on exports by British dealers to other EEC Member States prevented the Gravindex products from the United Kingdom, where the prices were the lowest in the EEC, having an influence on the higher price levels up to 3 times higher in other Member States. This document is an excerpt from the EUR-Lex website. Need more search options?

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Fourthly, they might consider withdrawing the 20 test pack from the UK market completely. The practical significance of the export prohibition is made clear by the fact that Cilag Alsbach considered even relatively small quantities of imports from the United Kingdom “a very unpleasant and important problem” see letter from Cilag Schaffhausen to Dr Fuller of 22 Marchas so-called “parallel importers” compete directly with manufacturers for clinics’ and doctors’ business.

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.

The pharmaceuticals price lists issued from up to 27 February included, in the section headed “Wiederverkauf”, the following condition: Article 1 The inclusion a by Ortho Pharmaceutical Ltd of an export prohibition for the product Gravindex in the UK trade grrundig lists from 1 January to 1 January ; b by Ortho Pharmaceutical Ltd of a de facto export prohibition for the product Gravindex from the United Kingdom to other EEC Member Bb in the contracts of sale with its dealers during the yearand c by Cilag Chemie GmbH of an export prohibition in the “Preislisten” for the product Gravindex from 1 January to 27 February constituted infringements of Article 85 1 of the Treaty establishing the European Economic Community.

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The subsidiaries are responsible directly to the parent company in the USA. As potential serious competitors can be named Hoffmann-La Roche grunvig has recently re-entered the UK market for laboratory pregnancy tests and Mercia Diagnostics.

For the purpose of determining the applicability of Article 85 1the facts that it was not in the dealers’ interests to observe the prohibition and that some of them did not do so, are irrelevant ; that Article extends to any distribution system whose object is to restrict competition, whether or not it is successful in doing so.

In the Federal Republic of Germany there are at present eight different slide tests and seven different tube tests on the market. This document is an excerpt from the EUR-Lex website. Thirdly, Ortho UK might change the Gravindex trade mark. The continued efforts to prevent dealers from exporting compelled those dealers to accept the fact that exporting was still not allowed. The Commission has taken into account the substantial differences between the prices of Gravindex in the different Member States, in particular between those in the UK and elsewhere, the vigorous way in which the export ban was enforced, the fact that the infringement was undoubtedly intentional, and the group’s market share.

Account has been taken of the principles of equity and proportionality. Having regard to Council Regulation No 17 of 6 February 1and in particular Articles 3 and 15 thereof. At the same time orders from at least three chemists were considerably delayed. Eurim Pharm is an independent company, engaged chiefly in importing drugs from other EEC countries into Germany and marketing them to hospitals and doctors. Cilag Alsbach is itself responsible only for packing and labelling.

The corresponding amended condition in the January and all subsequent price lists reads as follows:.

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They intended to protect gfundig marketing policies from any possible change in the market and price situation. Help Print this page.

No special notice of the changes was given to Ortho UK’s customers. After that date they were grundif intensified in order to bring to an end the exports of Gravindex pregnancy tests. 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.

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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 after that Decision it was unlawful to hinder parallel imports. Grindig Commission has therefore thought it appropriate to impose a fine of the sum set out in Article 3.

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The active ingredients antigen and antiserum of all Gravindex tests sold in Europe are manufactured exclusively by Ortho Diagnostics Inc. But even if such important price differences did not exist at a given moment, e. Two basic types of pregnancy tests may be distinguished: In practice, Ortho UK acted as if there had not gruhdig any amendment ; so that the agreements operated as if they had never been amended.

These proceedings are confined to grudnig, in respect of the Gravindex slide tests only, the export prohibitions contained in the “UK trade price lists”, grundlg “Preislisten” and elsewhere, the enforcement of the UK export prohibitions and the conduct of both Ortho UK and Cilag Alsbach.

Ortho UK receives the active ingredients directly from Ortho Diagnostics ready for filling and packaging in the United Kingdom.

EU case law Case law Digital reports Directory of case law. Such a condition has as its object to impede trade between Member States or to confine such trade to channels chosen by the undertaking imposing the prohibition.

The fact that Ortho UK imposed the export prohibition and that Cilag Alsbach insisted on its application, shows that 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.