Competition Bureau closes two investigations into pharmaceutical patent litigation settlements

Smart & Biggar

On May 20, 2022, the Competition Bureau announced that it closed two investigations into pharmaceutical patent litigation settlement agreements as evidence gathered during the two investigations suggested the agreements did not contravene the Competition Act. The parties and drugs involved were not identified.

In Canada, companies are not required to notify the Competition Bureau of settlement agreements between branded and generic drug manufacturers in actions involving patented medicines. However, as the Bureau notes, the Bureau proactively monitors such actions using publicly available information, identifies actions resolved on the consent of the parties and gathers information about whether an agreement may contravene the Competition Act.

On May 20, 2022, the Bureau also released a position statement outlining its approach to reviewing these types of agreements. The Bureau states, “[t]he Bureau’s Intellectual Property Enforcement Guidelines (IPEGs) identify that patent litigation settlement agreements may be anticompetitive, such as when payments (whether monetary or non-monetary) are made to delay the entry of generic drugs into the market”. See our previous article on the IPEGs, which were modestly updated in 2019 to reflect the 2017 amendments to the Patented Medicines (Notice of Compliance) Regulations.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Smart & Biggar | Attorney Advertising

Written by:

Smart & Biggar

Smart & Biggar on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.