Jurisdiction(s):
United Kingdom

Key definition

Article 102 definition

What does Article 102 mean? In practice, “Article 102” refers to the EU competition law rule that bans undertakings with market power from abusing a dominant position in a substantial part of the internal market where the conduct affects trade between Member States. It is set out in Article 102 of the Treaty on the Functioning of the European Union and shaped by extensive Court of Justice case law. Core features include: proof of dominance (the ability to act independently of competitive constraints); no need to show intent; and an abuse that is exploitative (for example, unfair pricing) or exclusionary (for example, predatory pricing,...

European Commission accepts commitments in Aspen excessive pricing case: off‑patent cancer medicines to see average 73% price cuts and supply guarantees (Article 102 TFEU, AT.40394)

Published by a LexisNexis Competition expert

Practice notes

CASE HUB ARCHIVED –this archived case hub reflects the position at the date of the decision to accept commitments on 10 February 2021; it is no longer maintained. See further, timeline and commentary.

Case facts

Outline: The European Commission opened an Article 102 TFEU inquiry into Aspen, assessing whether it exploited a dominant position in various national markets by imposing excessive prices for the supply of off-patient cancer medicines (AT.40394).

Latest development

On 10 February 2021, the Commission accepted Aspen’s commitments and, as a result, terminated its investigation.

Aspen will cut prices across Europe for six cancer medicines by an Average of about 73% (on average below the prices seen in 2012, ie before Aspen began raising them).
These figures will act as the price cap for the next ten years and had already started to apply from October 2019.
Aspen will secure the availability of the medicines for five years, and for a further five-year term will either continue supplying or make its Marketing Authorisation accessible to alternative suppliers.

Parties

Aspen is a global pharmaceutical company with its headquarters in Durban, South Africa...

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Web page updated on 21/05/2026

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