Op-Ed: “Advocate General Kokott’s Opinion in Generics (UK) and Others – a welcome clarification on restrictions by object and potential competition in settlements of patent disputes” by Tom Pick
On 22 January 2020, Advocate General (AG) Kokott delivered her much-awaited Opinion Generics (UK) and Others (C-307/18) on patent settlement agreements and the application of EU competition rules, hot on the heels of the Lundbeck and Servier cases currently pending before the Court of Justice of the European Union (CJEU). The findings of the Opinion are broadly in line with those two landmark cases issued by the General Court. The beauty of the Opinion is that it offers clear and consistent guidance on what qualifies as an object restriction and what qualifies as potential competition under Article 101(1) TFEU in the specific context of patent settlement agreements. It also clarifies the approach under Article 102 TFEU in that area.