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The legal status of pay-for-delay agreements in EU competition law: generics (Paroxetine)

Colomo, Pablo Ibáñez ORCID: 0000-0001-7019-0645 (2020) The legal status of pay-for-delay agreements in EU competition law: generics (Paroxetine). Common Market Law Review, 57 (6). 1933 - 1952. ISSN 0165-0750

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Identification Number: 10.54648/cola2020773

Abstract

Pharmaceutical companies developing patents (hereafter: originators) have an incentive to preserve, for as long as possible, the exclusive rights over their medicines (and the higher prices that come with them). Some of the strategies aimed at preserving or extending intellectual property protection can amount to a breach of competition law. The so-called “pay-for-delay” agreements (or “reverse payment settlements”), closely scrutinized by the European Commission in recent years, are among them. These agreements are typically concluded when the generic versions of a medicine have been launched or are about to be launched. Litigation is not unusual in that context – as part, more often than not, of the defensive tactics displayed by originators. As an alternative to litigation, originators and generic producers may reach a settlement to avoid or put an end to court proceedings.

Item Type: Article
Official URL: https://kluwerlawonline.com/Journals/Common+Market...
Additional Information: © 2020 Kluwer Law International. Printed in the United Kingdom.
Divisions: Law
Subjects: K Law
J Political Science > JZ International relations
Date Deposited: 08 Jun 2022 14:57
Last Modified: 20 Jan 2024 06:54
URI: http://eprints.lse.ac.uk/id/eprint/115316

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