CASE COMMENTS: UNILATERAL PRACTICES – EUROPEAN UNION – REVERSE-PAYMENT SETTLEMENTS – PAY FOR DELAY – CUMULATIVE EFFECT

Pay-for-delay: The Court of Justice of the European Union condemns an originator laboratory for an abuse of its dominant position due to the cumulative effect of reverse-payment settlements concluded with generic drug manufacturers (Generics - UK)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. In a judgment of 30 January 2020 handed down on a reference for a preliminary ruling by the Competition Appeal Tribunal of the United Kingdom, the Court of Justice of the European [Union Court of Justice] provides interesting clarifications with regard to both the concept of anti-competitive agreement by object or effect and the concept of abuse of a dominant position linked to agreements signed between competitors (see above. Chron ententes). Only the notion of abuse of a dominant position will be the subject of a detailed commentary in this column. The case originated with the laboratory GlaxoSmithKline[ GSK], which markets, in particular in

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Anne Wachsmann, Nicolas Zacharie, Pay-for-delay: The Court of Justice of the European Union condemns an originator laboratory for an abuse of its dominant position due to the cumulative effect of reverse-payment settlements concluded with generic drug manufacturers (Generics - UK), 30 January 2020, Concurrences N° 2-2020, Art. N° 94707, pp. 83-85

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