On 10 May 2021, the UK’s Competition Appeal Tribunal (“CAT”) issued its final decision in GSK (Paroxetine) – the long-running saga concerning pay-for-delay patent settlement agreements between GSK and several generics. The CAT upheld the Competition and Markets Authority’s (“CMA”) finding of an infringement of both Articles 101 and 102 TFEU but reduced the level of the fines by 40%. In its infringement decision of 2016, the CMA found GSK and several generic manufacturers to have infringed EU and UK competition law by concluding a series of agreements settling disputes concerning the validity of
The UK Competition Appeal Tribunal confirms a pay-for-delay infringement decision but reduces the fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)
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