The EU General Court annuls a decision of the Commission for wrongly qualifying agreements as "pay for delay" and improperly qualifying an abuse of dominance, thus reducing the fine imposed on a pharmaceutical company (Servier)

On 12 December 2018, the General Court (“Court”) partially annulled the European Commission’s decision of 9 July 2014 in the Servier case and consequently reduced Servier’s fine by more than 30%, from €330.99 million to €228.32 million. After the Lundbeck judgment of 8 September 2016, this second decision on pay for delay cases provides useful guidance to pharmaceutical companies on the assessment of patent settlement agreements under European competition law. Key Takeaways: When a medicine is not objectively recognized or perceived by practitioners as being superior to other drugs with the same therapeutic indication, the market definition must rely on both a quantitative (price) analysis and qualitative analysis, taking into account a series of factors other than the price such as the

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Sophie Pele, Mélanie Thill-Tayara, Marion Provost, Simon Hetsch, The EU General Court annuls a decision of the Commission for wrongly qualifying agreements as "pay for delay" and improperly qualifying an abuse of dominance, thus reducing the fine imposed on a pharmaceutical company (Servier), 12 December 2018, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 88946

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