Article summary: Settlement Agreements Can Be Anti-Competitive Only If The Involved Companies Are (At Least) Potential Competitors. A Careful Examination Must Determine Whether A Generic Manufacturer Would Have Entered Into The Market Without A "Pay Per Delay" Agreement. The Classification Of This Kind Of Patent Agreement As A Restriction Of Competition "By Object" Is Not Self-Evident. Whether There Is A Restriction "By Effect" It Must Be Determined Based On A Prospective Analysis Of The Market In The Absence Of The Concerted Practice. The Assessment Of A Dominant Position Of A Patent Holder Requires Balancing The Anti-Competitive Effects Of The Allegedly Abusive Conduct And Its Efficiencies. Introduction On 30 January 2020, the Court of Justice of the European Union (the ‘CJEU’)
The EU Court of Justice clarifies that when patent settlement agreements restrict a generic pharmaceutical company’s ability to enter the market they infringe EU antitrust rules (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
Access to this article is restricted to subscribers
Already Subscribed? Sign-in
Access to this article is restricted to subscribers.
Read one article for free
Sign-up to read this article for free and discover our services.