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GlaxoSmithKline

Greek Drug Wholesaler Lawsuit

Date: 04/01/2008 (Date of AG Opinion)

Misconduct Type: Antitrust

Enforcement Agency: International

Contracting Party: None

Court Type: Civil

Amount: $0

Disposition: Pending

Synopsis: European Union Advocate General Damaso Ruiz-Jarabo advised the European Court of Justice (ECJ) that GlaxoSmithKline, through its subsidiary GSK AEVE, engaged in abusive practices that violated EU antitrust laws in connection with a lawsuit filed by Greek drug wholesalers against GSK. The lawsuit alleges that, during a three month period in 2000, GSK refused to provide the entire orders of Greek drug wholesalers for three products – Imigran, Lamictal and Serevent. In an apparent attempt to prevent the wholesalers from selling the drugs to European countries where the products sell at a higher price, GSK sold directly to hospitals and pharmacies in Greece and filled wholesalers' orders only to the extent that the Greek market required. The opinions of advocates general are not binding, but the ECJ usually follows them. In September 2008, the ECJ referred the case back to the Greek courts to determine whether GSK was justified in restricting sales to wholesalers who had re-exported its drugs.