Advocate General: In UK generics case, patent settlements can breach competition rules
In a highly anticipated Opinion, Advocate General Kokott proposes that the Court rule that a patent settlement entered into by GlaxoSmithKline with Generics UK and others, could be considered to be an infringement ‘by object’ pursuant to Article 101 TFEU.
The AG concludes that the settlement could breach Article 102 TFEU as well, despite the consumer benefits that the agreement could eventually entail.
We will report in further detail this week, with an upcoming Op-Ed by Tom Pick.
The Opinion of the AG is available here (in French).