On March 25, 2021, the Court of Justice of the European Union (ECJ) ruled on appeal in the Lundbeck case, confirming the previous judgement of the General Court (GC) that upheld the decision of the European Commission (Commission) on pharmaceutical “pay-for-delay” agreements (Case AT.39226 — Lundbeck). The ECJ confirmed in particular that such agreements can be presumed, contrary to Article 101 TFEU, to be anti-competitive “by object,” i.e. by their very nature, without empirical analysis of effects on competition being necessary. Further, the ECJ clarified that an originator and generic producer may be deemed “potential competitors” even if the generic producer’s right to enter the market without infringing the originator’s patent is genuinely disputed and the generic might not have entered
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The EU Court of Justice confirms the General Court’s judgment and Commission’s decision on pharmaceutical pay-for-delay agreements (Lundbeck)
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