European court rules against AstraZeneca in Losec antitrust case, but cuts fine

2 July 2010

The much anticipated decision by the Luxembourg-based General Court in the appeal case by Anglo-Swedish drug major AstraZeneca against the European Commission - going back to 2005 - relating to blocking or delaying generic copies of the firm's blockbuster anti-ulcerant Losec (omeprazole) has gone in favor of the European Commission, though the proposed fine on the company has been reduced from 60 million euros ($73.7 million) to 52 million euros.

A spokeswoman for AstraZeneca told The Pharma Letter that the company is disappointed with the ruling, and is now reviewing the complex document to see what next steps should be taken, noting that it is thought a further appeal is still possible. She added that the decision had been expected and its results would not impinge on AstraZeneca's financials, as this has already been accounted for.

Commission officials had accused AstraZeneca of making deliberately misleading representations to patent offices in six countries - including Germany and the UK - in order to obtain supplementary protection certificates for Losec.

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