CASE COMMENTS: CARTELS – EUROPEAN UNION – PAY-FOR-DELAY – POTENTIAL COMPETITION – RESTRICTION BY OBJECT OR BY EFFECT

Restriction by object: The Court of Justice of the European Union clarifies the conditions for a pay-for-delay agreement to be qualified as a restriction of competition by object following a preliminary ruling request of the Competition Appeal Tribunal (Generics - UK, GlaxoSmithKline, Xellia Pharmaceuticals...)

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. The much-awaited judgment of the Fourth Chamber of the Court of Justice of 30 January in response to the questions referred by the Competition Appeal Tribunal [CAT] is already seen, together with thejudgment of 2 April 2020 in Case C-228/18 (Budapest Bank), as bringing, in a very timely fashion, a number of important developments in the field of competition law. a major contribution to the eternal debate on the distinction between restrictions of competition by object and by effect. The Budapest Bank judgment will be the subject of a commentary in the next issue of this review, but we can already refer the reader to the commentary on Advocate

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

Quotation

Michel Debroux, Restriction by object: The Court of Justice of the European Union clarifies the conditions for a pay-for-delay agreement to be qualified as a restriction of competition by object following a preliminary ruling request of the Competition Appeal Tribunal (Generics - UK, GlaxoSmithKline, Xellia Pharmaceuticals...), 30 January 2020, Concurrences N° 2-2020, Art. N° 94728, pp. 72-74

Visites 137

All reviews