The ECJ GSK Ruling: everyone’s a winner baby, that’s the truth...
This article was originally published in RAJ Devices
Executive Summary
The recent Ruling from the European Court of Justice (ECJ) in the GlaxoSmithKline (GSK) v. Greek wholesalers case has unsurprisingly been greeted by both sides as a partial victory. The Ruling, which essentially prevents a pharmaceutical company from restricting supplies in order to destroy parallel trade involving its product – unless the demands of the wholesaler/parallel trader are deemed “out of the ordinary”, is on the face of it a judgement that indeed easily lends itself to ambiguity.