Litigation, Arbitration and Settlements in the Pharma Sector

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SYNTHESIS

Alexandre Carbonnel

Several recent cases have concerned practices that may weaken or eliminate the competitive constraint exercised by generics on originators. We can make a distinction between unilateral practices such as the disparagement of generics, which may arise when originators communicate misleading information on generics to prescribers in order to limit the penetration of generics in the market, and concerted practices such as ‘pay-for-delay’ agreements.