EU Court Revives Glaxo Dual Pricing Case

Law360, New York (October 6, 2009, 5:13 PM EDT) -- Giving heart to the pharmaceutical industry, the European Union’s highest court has ordered regulators to reconsider whether GlaxoSmithKline PLC should be exempted from antitrust law and allowed to raise prices against discounted trade among member countries.

The Court of Justice of the European Communities on Tuesday upheld the lower court, saying the European Commission failed to adequately weigh GlaxoSmithKline’s claim that the exploitation of uneven prices in the wholesale market across Europe ultimately thwarts research and innovation in the pharmaceutical field.

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