The EU General Court rules on the legitimacy of settlement agreements in the pharmaceutical sector (Lundbeck)

Lundbeck - Buying off the competition* On 8 September 2016, the ECJ handed down its judgment in the latest battle between pharmaceutical companies and competition authorities over “pay for delay” agreements. The appeal of H Lundbeck A/S and Lundbeck Ltd (together “Lundbeck”) against the decision of the European Commission of 19 June 2013 should be of interest, not just to competition law specialists, but to all those who practice in litigation. The Commission’s decision concerned the legitimacy of agreements entered into between Lundbeck and four undertakings (“the Generics”) intending to produce or supply the drug citalopram (“the Agreements”). Ostensibly, Lundbeck entered into the Agreements in order to settle envisaged or ongoing proceedings about whether the Generics had infringed one or

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Emma Ruane, Jason Woodland, The EU General Court rules on the legitimacy of settlement agreements in the pharmaceutical sector (Lundbeck), 8 September 2016, e-Competitions Bulletin November 2016, Art. N° 82112

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