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Pay-for-Delay Agreements within the EU
Journal article

Pay-for-Delay Agreements within the EU

Anne Tercinet
Revue Lamy de la Concurrence
01/11/2019

Abstract

Patent intellectual property rights Pharmaceutical industry Competetion Law Antitrust Law European Union United States Potential competition Restriction by object
After the statement of objections on July 2017, concerning an agreement concluded between the pharmaceutical companies Teva and Cephalon, where Teva agreed not to market a cheaper generic version of Modafinil, a Cephalon drug for sleep disorders, on December 12, 2018, the General Court confirmed part of the European Commission's decision on the Servier case, providing guidance on how to define the potential competition and on how to determine the restriction by object. Finally on January 28, 2019, the Report entitled Competition enforcement in the pharmaceutical sector (2009-2017), European competition authorities working together for affordable and innovative drugs, was sent by the Commission to the Council and the European Parliament. It shows how central the question of pay-for-delay is in the European economy and how many legal issues are raised. It is time to have an overview of the pay-for-delay agreements in the pharmaceutical context.
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