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In the ALREX vs./ ARTEX case, further to the appeal filed against the European Court of First Instance decision, the Advocate General gave his opinion: The acquisition decision is made when the medicine is prescribed by professionals. Thus, when a comparison is made between two pharmaceuticals available only on prescription the relevant public is professional. If one of the products is also available over the counter, then the end user is to be included into the relevant public. The decision of the Court of Justice is awaited with great interest. 

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