The UK Competition Appeal Tribunal confirms infringement in paroxetine pay-for-delay case but slashes fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma)

The judgment was handed down by the Competition Appeal Tribunal ("CAT") in the paroxetine pay-for-delay case in 2018. However, the CAT decided to wait for a preliminary ruling from the European Court of Justice ("ECJ") on certain questions before determining the remaining grounds of appeal. This judgment dismisses the remaining grounds of appeal relating to the Competition and Market Authority's ("CMA") findings of infringement, but the CAT reduced the fines imposed to reflect the novelty of the infringement at the time it was committed and the lapse of time between the infringements and the start of the investigation. Key takeaways Awareness of the anticompetitive character of an agreement is

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  • Ashurst (London)
  • Ashurst (London)

Quotation

Steven Vaz, Edward McNeill, The UK Competition Appeal Tribunal confirms infringement in paroxetine pay-for-delay case but slashes fines (Generics - UK / GlaxoSmithKline / Actavis / Xellia Pharmaceuticals / Merck / Alpharma), 10 May 2021, e-Competitions Pay-for-delay agreements, Art. N° 101221

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