18 April 2017 - Authored by:Mark Friend
My commentary on the EU judgment in the Lundbeck case (T-472/13), where the General Court considers the application of EU competition law to reverse patent settlements, has been published in the most recent issue of The Cambridge Law Journal. It is accessible here.
Abstract: The judgment of the General Court in Case T-472/13, Lundbeck v Commission EU:T:2016:449 is the first decision of the CJEU on the application of EU competition law to reverse patent settlements. It confirms that Article 101 TFEU applies to agreements that restrict potential competition, and discusses the circumstances in which reverse patent settlements will amount to a restriction by object. However, the judgment provides little by way of practical guidance for those involved in negotiating patent settlements and leaves many questions unanswered.
Friend, M. (2017). Reverse Patent Settlements and EU Competition Law. The Cambridge Law Journal, 76(1), 29-32. doi:10.1017/S0008197317000216 (Copyright Cambridge University Press)