Patent Settlements in the Pharmaceutical Industry under US Antitrust and EU Competition Law, Amalia ATHANASIADOU

Amalia Athanasiadou

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of Concurrences. Publishers, authors and editors are welcome to send books to stephane.rodrigues-domingues@univ-paris1.fr for review in this section.

Patent Settlements in the Pharmaceutical Industry under US Antitrust and EU Competition Law examines patent settlements between originators and generic pharmaceutical manufacturers under United States (US) antitrust and European Union (EU) competition law. The major focus is on patent settlements involving reverse payments, commonly known as “pay-for-delay” settlements. Reverse payment settlements or “pay-for-delay agreements” create heated debates regarding the balance between competition and intellectual property law. These settlements touch upon sensitive issues such as timely generic entry and access to affordable pharmaceuticals on the one hand and the need to preserve innovation incentives for originators and to strengthen the pipeline of life-saving pharmaceuticals on the other hand. This book is one of the first to analyse critically and comparatively how such patent settlements and various other strategies employed by the pharmaceutical industry are scrutinised by US and European courts as well as enforcement authorities, focusing on the applicable legal tests and the main criteria used by courts and enforcement authorities when applying antitrust scrutiny.

PDF Version

Author

Quotation

Stéphane Rodrigues, Patent Settlements in the Pharmaceutical Industry under US Antitrust and EU Competition Law, Amalia ATHANASIADOU, November 2018, Concurrences Review N° 4-2018, Art. N° 88316, p. 247

Publisher Kluwer Law International

Date: 31 August 2018

Number of pages 466

Visites 139

All reviews