The EU Court of Justice AG Kokott proposes that the Court should set aside the ruling of the General Court and declare that the pay-for-delay agreements concluded by a pharmaceutical firm constituted an abuse of dominance (Servier)

Marketing of perindopril: Advocate General Kokott proposes that the Court of Justice should rule that all agreements concluded by the Servier group with generic pharmaceutical companies constituted restrictions of competition by object and that it should set aside the General Court’s findings regarding the agreements between Servier and Krka, on the one hand, and the definition of the relevant market for the purposes of applying Article 102 TFEU, on the other* The present cases follow on from the cases Generics (UK) and Others [1] and Lundbeck v Commission, [2] in which the Court set out the criteria for determining whether an agreement in settlement of a dispute between the holder of a pharmaceutical patent and a manufacturer of generic medicinal products is contrary to EU competition