It is clear that under certain specific circumstances, a settlement agreement between a holder of a pharmaceutical patent and a manufacturer of generic medicines can be contrary to EU competition law. Patent settlement agreements have been the subject of two Commission Decisions (2013 Lundbeck, 2014 Servier) which have in turn resulted in numerous judgments of the General Court and a few appeals pending before the Court of Justice of the European Union (“CJEU”). The UK’s GSK decision, adopted in...
February 7, 2020
11 min read