The EU General Court upholds the EU Commission’s fine of €150 million on undertakings for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant (Lundbeck)

EU COURT CONFIRMS EUROPEAN COMMISSION'S DECISION ON PAY-FOR-DELAY AGREEMENTS* On 8 September 2016, the General Court of the European Union upheld the European Commission’s decision in which the antitrust regulator imposed fines of approximately EUR 150 million on Lundbeck and a number of generic companies for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant. The Commission had first hinted that patent settlement agreements causing delayed generic entry might be problematic in its 2009 report on the Pharmaceutical Sector Inquiry. The Commission launched a formal antitrust investigation against Lundbeck in January 2010, only six months after publishing the Final Report of the Pharmaceutical Sector Inquiry.

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Authors

  • Norton Rose Fulbright (Brussels)
  • McDermott Will & Emery (Paris)

Quotation

Wilko Van Weert, Jacques Buhart, The EU General Court upholds the EU Commission’s fine of €150 million on undertakings for entering into reverse settlement agreements which delayed the entry of cheaper generic versions of a blockbuster antidepressant (Lundbeck), 8 September 2016, e-Competitions Pay-for-delay agreements, Art. N° 92782

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