The EU General Court rules that pay-for-delay patent settlements can be illegal agreements but annuls abuse of dominance finding (Servier)

The General Court has given eight judgments on a Commission fining decision concerning patent settlements entered into by Servier and five competitor producers of generic drugs, reducing the fines from a total of € 428 million to € 315 million. The Court broadly upheld the fines based on Article 101 of the EU Treaty, which prohibits anti-competitive agreements, albeit annulling one and reducing another. But it annulled the fine on Servier to the extent that it was based on the Article 102 prohibition of abuse of a dominant market position, reducing Servier’s total fine from € 331 million to € 228 million. Further EU legal developments in this area are in the immediate pipeline. Most significantly pay-for-delay issues are currently before the European Court of Justice (ECJ) in the context

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Authors

  • Freshfields Bruckhaus Deringer (London)
  • Freshfields Bruckhaus Deringer (London)
  • Freshfields Bruckhaus Deringer (Rome)

Quotation

James Aitken, Christopher Stothers, Gian Luca Zampa, The EU General Court rules that pay-for-delay patent settlements can be illegal agreements but annuls abuse of dominance finding (Servier), 12 December 2018, e-Competitions Intellectual property, Art. N° 94166

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