The "first generation" of pay-for-delay agreements were sentenced several times both in the United States and in the European Union. Facing a high risk of litigation, the pharmaceutical laboratories have developed the "second generation" of pay-for-delay agreements designed to hide the value transfer. The agreements injecting competition on a distinct market ("AICDM") belong to the second category. No individual investigation against this type of agreement in the European Union has been launched, yet. The aim of this article is to offer an antitrust test to the European Commission in order to control this new kind of agreement with the greatest accuracy.
Access to this article is restricted to subscribers
Already Subscribed? Sign-in