July 31
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4th February 2020
Competition & State Aid

Op-Ed: “Judgment of the Court of Justice in Generics (UK) and Others – the application of well-established case law on restrictions by object and potential competition to settlements of patent dispute” by Tom Pick

Further to the Opinion of Advocate General Kokott (‘AG Kokott’) delivered on 22 January 2020 on patent settlement agreements and the enforcement of the EU competition rules, the Court of Justice of the European Union (‘CJEU’) delivered its ruling in Generics (UK) and Others (C-307/18) on 30 January 2020. The CJEU, having had the chance for the first time to rule on a so-called ‘pay for delay’ case, follows the reasoning developed by AG Kokott in her Opinion.

It sends a strong signal to pharmaceutical companies in Europe that trying to use patent settlement agreements to delay entry into the market by generics risks falling foul of the prohibition contained in Article 101(1) TFEU, as well as being considered an abuse under Article

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