In the aftermath of its pharmaceutical sector inquiry in 2008 and 2009 and the subsequent monitoring of patent settlements in the European Union, the European Commission (“Commission”) has in recent years investigated a number of attempts by brand name pharmaceutical companies (“originators”) to delay the introduction of generic versions or of new drugs that may compete with their products already on the market. The Commission has focused in particular on settlements of patent infringement suits that may restrict generic market entry in exchange for payments from originators to generics producers sued for patent infringement (so-called reverse payment or "pay-for-delay" agreements). To date there are three Commission decisions regarding “pay-for-delay” agreements, in which the Commission
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The EU General Court upholds the Commission’s strict approach to pay-for-delay agreements (Lundbeck)
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