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Article 48 - Presumption of innocence and right of defence
Article 49 - Principles of legality and proportionality of criminal offences and penalties
Key facts of the case:
Competition — Agreements, decisions and concerted practices — Market for antidepressant medicinal products containing the active pharmaceutical ingredient citalopram — Concept of restriction of competition ‘by object’ — Potential competition — Generic medicinal products — Barriers to market entry resulting from the existence of patents — Agreements concluded between a patent holder and a generic undertaking — Error of law — Error of assessment — Imputability of infringements — Liability of a parent company for infringements of the competition rules committed by its subsidiaries — Legal certainty — Reasonable time — Fines
Results (sanctions) and key consequences of the case:
THE GENERAL COURT (Ninth Chamber) hereby: