European Court Sides With Glaxo In Dual Pricing Case

Law360, New York (September 27, 2006, 12:00 AM EDT) -- Drug giant GlaxoSmithKline won a big victory Wednesday when the European Court of First Instance decided that a European Commission was wrong when it said the company’s subsidiary company couldn’t charge different prices for drugs sold in Spain and those intended for export.

Big drug companies have long argued that their market is different than others in Europe because national insurance programs set their prices.

The court agreed, saying that member states determine prices and thus, it cannot be presumed that parallel trade tends to reduce...
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