What is it about?
This note discusses a recent judgment of the European Court of Justice (Lundbeck v. Commission) dealing with the application of EU competition law to certain types of reverse patent settlement agreements known as 'pay for delay' agreements. Typically these involve an originator drug company paying a generic producer to stay out of the market for a period.
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Why is it important?
It is the first time the European Court of Justice has ruled on the legality of reverse patent settlement agreements under EU competition law.
Perspectives
This note provides a synopsis of the main issues in the case and draws parallels with the treatment of similar issues under US antitrust law.
Mr Mark W Friend
Allen and Overy
Read the Original
This page is a summary of: REVERSE PATENT SETTLEMENTS AND EU COMPETITION LAW, The Cambridge Law Journal, March 2017, Cambridge University Press,
DOI: 10.1017/s0008197317000216.
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