CASE COMMENTS: CARTELS – EUROPEAN UNION – POTENTIAL COMPETITORS – OBJECT – FINES

“Pay for delay”: The General Court of the European Union confirms the fines of almost €150 million imposed on several companies in the context of an agreement intended to delay the marketing of generic versions of an antidepressant (Sun Pharmaceutical Industries et Ranbaxy, Arrow Group et Arrow Generics, Generics (UK), Merck, Xellia Pharmaceuticals et Alpharma, Lundbeck)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Does an originator pharmaceutical company (for non-specialists, non-generic medicines), which is very largely patented, infringe competition law by concluding an agreement with generic drug companies, which are poorly paid as such, in order to delay the marketing of their generics? That is, in substance, the question which was before the Court of First Instance in six actions brought against a decision of the European Commission which had answered in the affirmative (see Eur. Comm., Decision C (2013) 3803 final, relating to a proceeding under Article 101 TFEU and Article 53 of the EEA Agreement (Case AT/39226 - Lundbeck)). On this issue, eight other cases

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

  • European Court of Justice (Luxembourg)

Quotation

Ludovic Bernardeau, “Pay for delay”: The General Court of the European Union confirms the fines of almost €150 million imposed on several companies in the context of an agreement intended to delay the marketing of generic versions of an antidepressant (Sun Pharmaceutical Industries et Ranbaxy, Arrow Group et Arrow Generics, Generics (UK), Merck, Xellia Pharmaceuticals et Alpharma, Lundbeck), 8 September 2016, Concurrences Nº 4-2016, Art. N° 82042, pp. 90-92

Visites 272

All reviews