The EU Court of Justice confirms the decision of the Commission to impose fines on several pharmaceutical companies (Lundbeck)

In the much-anticipated Lundbeck case (i.a. C-591/16 P), the European Court of Justice (“ECJ”) on 25th March 2021 confirmed the decision of the European Commission (“Commission”) to impose fines on Lundbeck and several generics companies. The case concerns a pay-for-delay agreement dating back to the year 2003. After the expiry of its basic patent for an antidepressant, Danish pharmaceutical company Lundbeck endeavored to further protect its market position for the drug by entering into agreements with several generics companies. The ECJ's decision confirms previous case law on pay-for-delay agreements and establishes a new duty of care to retain documents in case of sector inquiries by the Commission. Background In 2002, Lundbeck agreed with some generics companies to not enter the

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Elena Wiese, Florian von Schreitter, The EU Court of Justice confirms the decision of the Commission to impose fines on several pharmaceutical companies (Lundbeck), 25 March 2021, e-Competitions March 2021, Art. N° 100431

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