There is no question of an autonomous commercial policy for the European subsidiaries. Since he denied making the exports, subsequent deliveries to him and to another purchaser, the firm of Dutch firm Chefaro, the products of which are traded in Germany by the firm Roland. The Commission shall be informed within three months of the way in which this notice has been given. In the Federal Republic of Germany, laboratory tests are mainly sold directly to doctors ; in Great Britain, to hospitals, but also to pharmaceutical dealers.

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In the UK trade price lists, applied by Ortho UK until Januarya provision was embodied prohibiting export from the United Kingdom except by prior arrangement.

Having regard to Council Regulation No 17 of 6 February 1and in particular Articles 3 and 15 thereof. After that date they were even intensified in order to bring to an end the exports of Gravindex pregnancy tests. Article 1 The inclusion a by Ortho Pharmaceutical Ltd of an export prohibition for the product Gravindex in the UK trade price lists from 1 January to 1 January ; b by Ortho Pharmaceutical Ltd of a de facto export prohibition for the product Gravindex from the United Kingdom to other EEC Member States in the contracts of sale with its dealers during the yearand c by Cilag Chemie GmbH of an export prohibition in the “Preislisten” for the product Gravindex from 1 January to 27 February constituted infringements of Article 85 1 of the Treaty establishing the European Economic Community.

A definite identification of a British exporter was made in February Effect upon trade between Member States This is also true for Cilag Schaffhausen, which insisted on the enforcement of the export ban imposed on British dealers in order to protect the market of its subsidiary Cilag Alsbach. Every influence on this trade has an appreciable effect, especially when price differences exist to an appreciable extent e.

jb Sterling Drug [] ECR It is of no relevance therefore to know if the company was aware that it infringed Article 85 1 5. Skip to main content. The October trade price list contains, however, no restrictions.


In this respect the Commission bears in mind that the price differences for Gravindex pregnancy tests in to were considerable, as is shown by Chart I.

Therefore also the export ban imposed by Cilag Alsbach is likely to affect trade between Member States to an appreciable degree, especially taking into account Cilag Alsbach’s position on the market 1. The prohibition on exports by British dealers to other EEC Member States prevented the Gravindex products from the United Kingdom, where the prices were the lowest in the EEC, having an influence on the higher price levels up to 3 times higher in other Member States.

The letter of 18 May indicated four “possible methods” of stopping the trade of Gravindex slide tests from the UK into Germany. They intended to protect their marketing policies from any possible change in the market and price situation. Article 85 1 is applicable even if the export prohibitions were not always enforced as the exporting dealers’ supplies were constantly at risk in the event of the exports becoming known to the supplier.

Nevertheless they expressed the general policy of preventing parallel exports in any circumstances and this must be regarded as a grave contravention even if for economic reasons it was not effective. Moreover, price control has been a feature of the United Kingdom market for many years for Ortho UK’s products as well as for others, and the prices fixed under it provide a fair return, including a reasonable profit, on the overall activities of the undertakings concerned.

The corresponding amended condition in the January and all subsequent price lists reads as follows:. After the date of Cilag Schaffhausen’s letter of 22 March to Dr Fuller see point 18the group continued to operate the policy of partitioning the common market.

The active ingredients antigen and antiserum of all Gravindex tests sold in Europe are manufactured exclusively by Ortho Diagnostics Inc. Firstly, as abovementioned, Ortho UK had stopped deliveries to certain dealers. Moreover they do not fulfil the conditions for exemption presented by Article 85 3.


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Two basic types of pregnancy tests may be distinguished: The disadvantage of the longer time taken for the tube test is compensated by the advantage of its being able to confirm a suspected pregnancy grunrig full week earlier than the slide test.

The most important supplier, from the point of view of both turnover and number of products, is the Dutch firm Organon, with gurndig tests in its range and a share of the German market for laboratory pregnancy tests of about Article 15 2 The UK trade price lists do not mention the product Gravindex, as it is not a pharmaceutical, but a diagnostic product.

After threatening to withhold supplies gruncig the chemist in Aprilwhen Gravindex pregnancy tests originating from him continued to appear on the German market, in MayOrtho stopped supplies of the products to certain chemists who, in Ortho UK’s view, were apparently supplying German undertakings. In a minority of cases, including Gravindex, the active ingredients are imported from other subsidiaries of ng Group in the USA and are only processed by Ortho UK.

Therefore, the actions on the part of Ortho UK and Cilag Alsbach which impeded the export of Gravindex pregnancy tests by British dealers to the German market, restricted competition within the common market to an appreciable degree.

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In August the 20 test pack was withdrawn from the UK market. Cilag Alsbach receives the active ingredients, already in 2 mg bottles, from Cilag Schaffhausen. They were aimed at preventing buyers in the United Kingdom and Germany from reselling the products of Ortho UK and Cilag Alsbach to grundiy countries including the common market countries and thus from competing in those countries. EU case law Case law Digital reports Directory of case law.