CJEU CONFIRMS PAY-FOR-DELAY APPROACH AND UPHOLDS DECISION IN LUNDBECK CASES

On 25 March 2021, the Court of Justice of the EU (“CJEU”) dismissed the appeals by Lundbeck and five producers of generic medicines against the General Court’s (GC) judgments that upheld the Commission’s decision and the fines it had imposed in its first pay-for-delay infringement decision in 2013.  The CJEU upheld the GC rulings and … Read more

Excessive pricing: EU Commission accepts Aspen’s drug pricing commitments

“When the price of a drug suddenly goes up by several hundred percent, this is something the Commission may look at” Commissioner Vestager said when opening a formal investigation into Aspen’s alleged excessive pricing conduct in May 2017.  On 10 February 2021, the EU Commission (Commission) closed the investigation by accepting legally binding commitments offered … Read more

The European Commission fines Cephalon and Teva €60.5 million in its fourth “pay-for-delay” decision

The European Commission (EC) has fined Teva and Cephalon a total of €60.5 million for concluding a “pay-for-delay” settlement agreement that delayed the market entry of a generic version of modafinil (a drug used for sleep disorders). “Pay-for-delay” agreements, whereby a generic company agrees to restrict or delay its independent entry into the market in … Read more

Pharmaceutical sector under increased antitrust scrutiny in the UK

Recent years have witnessed wide-ranging enforcement action by regulators against anti-competitive behaviour in the pharmaceutical sector, with the UK’s Competition and Markets Authority (the “CMA”) at the forefront of such activity, taking a leading international role. There is no sign that it is likely to take its focus off the sector in the near future … Read more

Advocate General Kokott’s Opinion in Lundbeck v Commission

On 4 June 2020, Advocate General Kokott (“AG”) delivered her Opinion in Case C-591/16 P Lundbeck v Commission.  The AG proposed that the European Court of Justice (“ECJ”) should dismiss Lundbeck’s appeal against the General Court (“GC”) judgment and uphold the European Commission (“EC”)’s fine on Lundbeck for anticompetitive agreements aimed at delaying the marketing … Read more

EU Commission publishes guidance on cooperation arrangements aimed at addressing shortages during the COVID-19 crisis

On 8 April 2020 the Commission published a ‘Temporary framework for assessing antitrust issues related to business cooperation in response to situations of urgency stemming from the current COVID-19 outbreak’ (Temporary Framework).  The Commission recognises the exceptional challenges faced by some businesses as a result of the COVID-19 crisis, which may require cooperation in order … Read more