The EU Court of Justice dismisses appeals by several manufacturers of medicines regarding pay-for-delay patent settlement agreements (Lundbeck)

On 25 March 2021, the Court of Justice of the European Union (CJEU) dismissed all appeals against the decision of the European Commission (the Commission) to fine Lundbeck and four generic pharmaceutical companies (Alpharma, Arrow, Merck, and Ranbaxy) for concluding “pay-for-delay” patent settlement agreements in breach of Article 101 TFEU. After the expiry of Lundbeck’s compound patent on the active ingredient for its blockbuster anti- depressant, citalopram, several generic firms took steps to prepare for market entry (with Merck actually entering the market, albeit only briefly)