The EU General Court confirms fines imposed on an undertaking and generic drug manufacturers for entering into anticompetitive pay-for-delay agreements (Lundbeck)

GENERAL COURT OF THE EU CONFIRMS FINES IMPOSED ON LUNDBECK AND GENERIC DRUG MANUFACTURERS FOR ENTERING INTO PATENT SETTLEMENTS* On 8 September 2016, the General Court of the EU (GCEU) handed down five judgments upholding a decision by the Commission of 19 June 2013 imposing fines on Lundbeck, an originator company, and Merck (the parent company of Generics), Arrow, Alpharma and Ranbaxy, four generic companies. The Commission found that the companies had entered into anticompetitive “pay-for-delay” settlement agreements whereby Lundbeck paid a lump sum to the generic companies in exchange for their agreement to delay their entry on the market for Citalopram, an anti-depressant drug. This ruling is notable in that it is the first time that the GCEU has been asked to rule on patent

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  • United Kingdom’s Competition Authority - CMA (London)

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Louise Aberg, The EU General Court confirms fines imposed on an undertaking and generic drug manufacturers for entering into anticompetitive pay-for-delay agreements (Lundbeck), 8 September 2016, e-Competitions Pay-for-delay agreements, Art. N° 92780

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