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European Union › Pay-For-Delay

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

European Commission sanctions first ever pharmaceuticals cartel and scores victory in pay-for-delay appeal

A&O Shearman on 10/23/2023

The European Commission (EC) has fined five pharmaceutical companies a total of EUR13.4 million for participating in a cartel concerning N-Butylbromide Scopolamine/Hyoscine (SNBB) – an active pharmaceutical ingredient (API)...more

ΑG opines that all of Servier’s pay-for-delay deals were restrictions of competition by object

A&O Shearman on 8/4/2022

On 14 July 2022, Advocate General (AG) Kokott delivered her much awaited (non-binding) Opinions in Cases C-176/19 P, Commission v Servier and Others and C-201/19 P, Servier and Others v Commission. ...more

Beyond “pay-for-delay” – the EU-Commission’s investigation into patent filing practices and communication measures

A&O Shearman on 4/27/2021

On 4 March 2021, the European Commission (Commission) opened a formal investigation into alleged anti-competitive conduct by the pharmaceutical company Teva. The Commission suspects Teva of having deployed a strategy with the...more

‘Pay-for-Delay’ Agreements can be Restrictions of Competition by their very Nature

McDermott Will & Emery on 4/22/2021

On 25 March 2021 the European Court of Justice (ECJ) dismissed all the appeals brought by Danish pharmaceutical company H. Lundbeck A/S (Lundbeck) and five generic manufacturers against the judgments of the General Court of...more

Pay-For-Delay Has A Tough (Antitrust) Time At EU Top Court

MoFo Life Sciences on 4/20/2021

In recent years, there have been various antitrust investigations in the pharmaceutical sector resulting in decisions of the European Commission (EC) and the European Courts. In two recent rulings – “Lundbeck and...more

Patent settlements and competition law – guidance from Europe’s top court

A&O Shearman on 4/15/2021

On 25 March 2021, the European Court of Justice (ECJ) ruled for the second time on a “pay-for-delay” settlement. These are settlements of a patent dispute that involve payments or other value transfers from the originator...more

Pay-for-delay: Review of the ECJ judgment in Lundbeck (Citalopram)

Latham & Watkins LLP on 3/29/2021

The Court of Justice of the European Union (ECJ) has confirmed that pay-for-delay agreements with generic manufacturers ready to enter the market violate EU antitrust rules. ...more

European Commission completes current cycle of pay-for-delay probes with fines imposed on Teva and Cephalon

A&O Shearman on 12/8/2020

On 26 November 2020, the European Commission (Commission) issued a decision fining pharmaceutical companies Teva and Cephalon EUR60.5 million for infringing Article 101 TFEU by agreeing to delay the entry of a cheaper generic...more

Investment in Possible Future Generic Marketing Excludes Legitimate Basis for Pharma Settlement, Suggests EU Advocate General

Skadden, Arps, Slate, Meagher & Flom LLP on 6/9/2020

In her opinion issued on June 4, 2020, Advocate General (AG) Juliane Kokott recommended that the European Court of Justice (ECJ) dismiss in its entirety the appeal by Lundbeck A/S and Lundbeck Ltd against the General Court’s...more

The Court of Justice of the European Union provides clarifications on the assessment under competition law of pay-for-delay deals...

Hogan Lovells on 2/5/2020

On 30 January 2020, the Court of Justice of the European Union (CJEU) issued its decision on a request for preliminary ruling submitted by the UK Competition Appeal Tribunal (CAT) in a case concerning the long-standing...more

The EU General Court’s Ruling on Pay for Delay - Why Patent Settlement Agreements May Violate EU Antitrust Laws

Morrison & Foerster LLP on 1/14/2019

The EU General Court (“Court”) reduced the fines imposed on Servier SAS and its subsidiaries (“Servier”) from a total of €428 million to €315 million (see press release no. 194/18), thereby partially annulling a European...more

The Servier Judgment: A Breath of Fresh Air for Pharmaceutical Companies?

Dechert LLP on 12/21/2018

On 12 December 2018, the General Court (“Court”) partially annulled the European Commission’s decision of 9 July 2014 in the Servier case and consequently reduced Servier’s fine by more than 30%, from €330.99 million to...more

Excessive Pricing, ‘Pay-For-Delay’ and Rebates: A New Era of Enforcement in the Pharmaceutical Industry

A&O Shearman on 4/26/2018

The European Commission (EC) and other national competition authorities (NCAs) have traditionally shied away from investigating allegations of excessive pricing and appearing as price regulators. Commissioner Vestager warned...more

European Commission Sets its Sights on Allegedly Excessive Drug Prices

Jones Day on 6/20/2017

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Following its 2008 sector inquiry into the pharmaceutical sector, the Commission vowed to clamp down on...more

EU Court Confirms European Commission’s Decision on Pay-for-Delay Agreements

McDermott Will & Emery on 9/30/2016

On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic...more

General Court of the EU Confirms Fines Imposed on Lundbeck and Generic Drug Manufacturers for Entering into Patent Settlements

McDermott Will & Emery on 9/23/2016

On 8 September 2016, the General Court of the EU (GCEU) handed down five judgments upholding a decision by the Commission of 19 June 2013 imposing fines on Lundbeck, an originator company, and Merck (the parent company of...more

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European Union › Pay-For-Delay

European Commission sanctions first ever pharmaceuticals cartel and scores victory in pay-for-delay appeal

ΑG opines that all of Servier’s pay-for-delay deals were restrictions of competition by object

Beyond “pay-for-delay” – the EU-Commission’s investigation into patent filing practices and communication measures

‘Pay-for-Delay’ Agreements can be Restrictions of Competition by their very Nature

Pay-For-Delay Has A Tough (Antitrust) Time At EU Top Court

Patent settlements and competition law – guidance from Europe’s top court

Pay-for-delay: Review of the ECJ judgment in Lundbeck (Citalopram)

European Commission completes current cycle of pay-for-delay probes with fines imposed on Teva and Cephalon

Investment in Possible Future Generic Marketing Excludes Legitimate Basis for Pharma Settlement, Suggests EU Advocate General

The Court of Justice of the European Union provides clarifications on the assessment under competition law of pay-for-delay deals...

The EU General Court’s Ruling on Pay for Delay - Why Patent Settlement Agreements May Violate EU Antitrust Laws

The Servier Judgment: A Breath of Fresh Air for Pharmaceutical Companies?

Excessive Pricing, ‘Pay-For-Delay’ and Rebates: A New Era of Enforcement in the Pharmaceutical Industry

European Commission Sets its Sights on Allegedly Excessive Drug Prices

EU Court Confirms European Commission’s Decision on Pay-for-Delay Agreements

General Court of the EU Confirms Fines Imposed on Lundbeck and Generic Drug Manufacturers for Entering into Patent Settlements

EU & Competition Law Update - March 2016

European Competition Law Newsletter – March 2016

More on Patent Settlements Including Litigation at the European Courts

Lupin Appeals Fine Imposed by European Commission in “Pay-For-Delay” Crackdown

New IP Enforcement Policy in the EU

The European Commission's first pay-for-delay anti-trust infringement decision

Antitrust Bulletin - Vol. 5, No. 2

European Union › Pay-For-Delay

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