European Pharmaceutical Antitrust after Groupment des Cartes Bancaires – Time to Rethink the Approach to Pay For Delay Settlements?* Over the last year the European Commission has stepped up its enforcement efforts against pay for delay settlements [1]. In June 2013 they imposed a fine for the first time totalling €152 million, on a brand company (Lundbeck) and a number of generic companies for delaying the market entry of a cheaper generic version of Citalopram, an antidepressant drug. In subsequent decisions, the Commission imposed a fine of €16 million on Johnson & Johnson and Novartis for the delay of a generic pain-killer based on Fentanyl, and a fine in excess of €427 million on Servier and five generic companies in relation to the delay of generic version of the blood pressure
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The EU Court of Justice invites to rethink the approach to pay-for-delay settlements in its case-law (Groupement des Cartes Bancaires)
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