The EU General Court upholds the Commission’s landmark patent settlement agreement decision (Lundbeck)

EU General Court upholds Commission's landmark Patent Settlement Agreement decision* In a much-anticipated series of judgments, running to some 579 pages, the EU’s General Court on 8 September 2016 upheld a 2013 decision of the European Commission that imposed fines of almost €150 million on the innovative pharmaceutical manufacturer, Lundbeck, and a number of generic manufacturers with whom Lundbeck had entered into agreements to settle patent disputes (Patent Settlement Agreements). The General Court’s judgments are the first pronouncement by the EU Courts on a series of controversial cases brought by the Commission in relation to Patent Settlement Agreements in the pharmaceutical sector. The judgments uphold the test advanced by the Commission for determining when a Patent Settlement

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Patrick Harrison, Kyle Le Croy, The EU General Court upholds the Commission’s landmark patent settlement agreement decision (Lundbeck), 8 September 2016, e-Competitions Bulletin September 2016, Art. N° 81360

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