The Danish pharmaceutical group Lundbeck is appealing against the 93.8 million euros fine by the European Commission announced in June.
Lundbeck was fined for deals with rivals to block the supply of generic versions of its citalopra anti-depressant to the market, a decision that was announced earlier this summer. In a press release, Lundbeck states that the company wishes to see the decision annulled and/or the fine reduced. Furthermore, the company says that it strongly disagrees with the Commission’s decision, and considers that “it contains several serious legal and factual errors, and several violations of Lundbeck’s right of defense.”
According to Lundbeck, the errors in the Commission’s decision include misinterpreting the main criterion to determine whether an agreement restricts potential competition as established in case law and ignores key facts of the case.
Regardless of its appeal, Lundbeck is still obligated to pay the fine and will do so during Q3 2013.