27 December 2018
General Court Reviews New Set of Patent Settlement Agreements In Pharmaceutical Sector (Servier and Others)
10 min read
In a series of judgments earlier this month, the General Court of the European Union had again occasion to review patent settlement agreements in the pharmaceutical sector.
The General Court delivered a mixed verdict in that it held that:
- as a general matter, patent settlement agreements should be encouraged and are pro-competitive;
- settlement agreements which do not merely end litigation, but also give benefits to generic companies as a form of compensation to refrain from entering the market constitute a restriction by object of competition;
- in limiting the relevant product market to a single active substance, the European Commission defined that market too narrowly, thus erroneously imputing a dominant position to Servier.
Our case note attached discusses the judgments.
Attachments:
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