Pay-for-delay: The Advocate General Kokott urges the Court of Justice of the European Union to hold that all agreements entered into by a French pharmaceutical group with generics would constitute restrictions of competition by object and to annul the findings to the contrary by the General Court of the European Union regarding agreements between that group and a Slovenian pharmaceutical group in the case of the marketing of perindopril (Servier)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. On July 15, 2022, 24 hours late, the Court of Justice of the European Union made public the conclusions presented on July 14, 2022 by Advocate General Juliane Kokott in case C-176/19 (Commission/Servier and others) and in the case C-201/19 (Servier and others/Commission). The present cases are a continuation of Generics (UK) and others. and Lundbeck v Commission in which the Court identified the criteria for considering that a settlement agreement between a pharmaceutical patent holder and a generic drug manufacturer (pay for delay) is contrary to EU competition law. The Servier group, whose parent company, Servier SAS, is based in France, developed

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  • L’actu-concurrence (Paris)

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Alain Ronzano, Pay-for-delay: The Advocate General Kokott urges the Court of Justice of the European Union to hold that all agreements entered into by a French pharmaceutical group with generics would constitute restrictions of competition by object and to annul the findings to the contrary by the General Court of the European Union regarding agreements between that group and a Slovenian pharmaceutical group in the case of the marketing of perindopril (Servier), 14 July 2022, Concurrences N° 3-2022, Art. N° 107604, www.concurrences.com

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