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Patent settlements and competition law – guidance from Europe’s top court

Lukas Rengier

On 25 March 2021, the European Court of Justice (ECJ) ruled for the second time on a “pay-for-delay” settlement. These are settlements of a patent dispute that involve payments or other value transfers from the originator manufacturer to the generic manufacturer in return for a delayed market entry. The ECJ dismissed appeals by the originator Read More

FTC launches multilateral working group with EU, UK and Canadian antitrust authorities to take tougher stance on pharmaceutical mergers

Thomas Masterman

Key points Working group’s goal is “concrete and actionable” updates to pharmaceutical merger analysis. Focus will include new theories of harm beyond the traditional approach of assessing overlaps in products and pipeline products. Stated intention is to take an “aggressive” approach to tackling anticompetitive pharmaceutical mergers. Overview On March 16, the U.S. Federal Trade Commission Read More

EU – Parallel Trade: restrictions and export bans for pharmaceuticals

Nieke Vanavermaete

In 2018, the EU Commission adopted a “Paper on the obligation of continuous supply to tackle the problem of shortages of medicines”, providing that Member States may take measures to prevent or address shortages of medicines by restricting the free movement of goods within the EU. While Member State may restrict the supply of medicinal Read More

Parallel trade in the life sciences sector – recent developments

Tine Carmeliet

Please join us on Tuesday, 26 January 2021 for a webinar on the key developments in the parallel trade of pharmaceuticals in 2020.  Tine Carmeliet, Nele De Backer, Francesca Miotto, Geert Glas and Nieke Vanavermaete will talk you through recent decisions and developments in the field of parallel trade, review the impact of both Brexit Read More

European Commission completes current cycle of pay-for-delay probes with fines imposed on Teva and Cephalon

Thomas Masterman

On 26 November 2020, the European Commission (Commission) issued a decision fining pharmaceutical companies Teva and Cephalon EUR60.5 million for infringing Article 101 TFEU by agreeing to delay the entry of a cheaper generic version of Cephalon’s sleep disorder drug modafinil (the Decision). While the Decision completes the current cycle of the Commission’s “pay-for-delay” investigations, Read More