The European Commission supports the decision taken by Boehringer which is agreed to remove the alleged blocking positions, i.e. some patents regarding new treatments of chronic obstructive pulmonary disease (COPD). This lifts the obstacles to the launch of Almirall's products and the Commission no longer needs to pursue the case.

The Commission investigation concerned the alleged misuse of the patent system in order to exclude potential competition in the area of COPD, in breach of EU antitrust rules. Joaquín Almunia welcomed the agreement between the two companies because it means that it will now be easier to introduce new innovative medicines for the treatment of certain lung diseases.

The Spanish pharmaceutical company Almirall raised concerns that Boehringer's patent applications would have the potential of blocking or considerably delaying the market entry of Almirall's competing medicines. In autumn 2010 the Commission suggested to Boehringer and Almirall to find a mutually acceptable solution to their dispute, within the limits of EU antitrust rules.

In 2003, Boehringer filed patent applications for new treatments of CODP. These applications related to combinations of three broad categories of active substances treating COPD with a new active substance that had been discovered by Almirall. Almirall objected to these filings, alleging that the patents were unmeritous, but once granted could nonetheless block or considerably delay the market entry of its own innovative combination medicines. The Commission decided to start an investigation in 2007 which was closed. Following the conclusion of the competition inquiry into the Pharmaceutical Sector, the investigation was relaunched. Its main focus was to establish whether Boehringer had filed patent applications and had obtained patents by providing misleading information to the European Patent Office.

With the agreement, the alleged blocking positions will be removed for Europe and a licence will be granted for two countries outside Europe. Almirall will therefore be able to launch its combination medicines after obtaining marketing authorisation from the competent bodies.