ALERTS: CARTELS - EUROPEAN UNION - OBJECT RESTRICTION – PAY FOR DELAY – PHARMACEUTICAL SECTOR

Object restriction: Advocate General Kokott calls on the Court of Justice of the European Union to uphold the judgment of the General Court of the European Union imposing a fine of € 94 million on a pharmaceutical company for having concluded a pay for delay agreement with four generic companies (Lundbeck)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On 4 June 2020, Advocate General Juliane Kokott delivered her Opinion in the case of Pay for Delay C-591/16 (Lundbeck v. European Commission).. As might be expected, these conclusions follow on from thejudgment of 30 January 2020 in Case C-307/18 (Generics (UK) and others). in which the Court of Justice of the European Union set out in detail the conditions under which a pay-for-delay agreement constitutes a restriction of competition by object or effect and how its conclusion can be analysed as an abuse of a dominant position. In the present case, the Commission had imposed, by a decision dated 19 June 201394 million to the Danish pharmaceutical group

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Object restriction: Advocate General Kokott calls on the Court of Justice of the European Union to uphold the judgment of the General Court of the European Union imposing a fine of € 94 million on a pharmaceutical company for having concluded a pay for delay agreement with four generic companies (Lundbeck), 4 June 2020, Concurrences N° 3-2020, Art. N° 95334, www.concurrences.com

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