Bayer AG v Commission [1996] Case T-41/96 R
Judgement for the case Bayer AG v Commission
Facts
Bayer made and marketed medical drug intended to treat heart disease.
As result of differences between national health authorities of MS, prices of these drugs were different across EU, lower in France and Spain. So Spain and France exported great amounts of drugs to the UK.
Bayer realized this was going on, but instead of giving any instructions, what they did, was, started reducing level of supplies that they provided to Spain and France, until they only supplied them with enough to cover national markets
Held
This was real unilateral behavior. No tacit agreement
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