After a two-year investigation, the Commission has concluded that from 1993 to 2000 the Anglo-Swedish drugs firm carried out persistent anti-competitive practices to inhibit competition for its ulcer drug Losec.
The company systematically gave misleading information to national patent authorities in Belgium, UK, Denmark and Germany to obtain extended patent protection for the drug. It also took unfair advantage of rules on market authorisations to block generic medicines and stop parallel traders from competing with Losec in Denmark, Sweden and Norway. It thus kept the price for Losec artificially high, causing damage to consumers and competitors alike. Spokesperson Jonathan Todd estimated the extra profit made by AstraZeneca was ‘well in excess’ of the amount of the fine, which was not calculated with reference to illicit profit made.
This is the first case where misuse of regulatory procedures has been found to amount to an abuse of dominant position under competition rules. AstraZeneca has reportedly said it had acted in good faith and will appeal the decision.
