The EU Court of Justice clarifies the criteria for the "pay-for-delay" agreements in the pharmaceutical sector (Generics - UK)

On 30 January 2020 the European Court of Justice (“ECJ”) clarified for the first time the criteria governing whether so-called “pay-for-delay” agreements entered into between originator and generic pharmaceutical companies fall foul of EU competition law rules. Such agreements are a form of patent dispute settlement, whereby in return for a value transfer, a generic manufacturer acknowledges the patent of the originator pharmaceutical company, and agrees to refrain from marketing its generic version of the drug in question for a specified period of time. Pay-for-delay agreements have been in the spotlight of the European Commission (“EC”) and national competition authorities for over a decade. In line with the non-binding Opinion delivered by Advocate-General Kokott on 22 January 2020, the

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (Brussels)
  • Herbert Smith Freehills (London)

Quotation

Kyriakos Fountoukakos, Dafni Katrana, Ruth Allen, The EU Court of Justice clarifies the criteria for the "pay-for-delay" agreements in the pharmaceutical sector (Generics - UK), 30 January 2020, e-Competitions January 2020, Art. N° 93498

Visites 162

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues