The European Commission (EC) has reportedly charged nine pharmaceutical companies with breaches of European Union (EU) antitrust rules for entering pay-for-delay deals with generic competitors. According to a news source, the EC has in recent years increased its scrutiny of settlement agreements in which brand-name companies pay generic drug makers to delay selling their rival products. While the companies vigorously defended their actions and do not believe they are violating European competition law, the EC said that “substantial value transfers” led to abstentions from entering the market and involved direct payments, the purchase and destruction of generic products, or “guaranteed profits in a distribution agreement.” See Reuters, July 25, 2012.
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EU regulators charge pharma companies with antitrust violations in pay-for-delay deals
- Shook Hardy & Bacon LLP
- John D. Garretson, Patrick Henderson, Chris A. Johnson, Madeleine McDonough and Thomas T. Moga
- European Union
- August 2 2012
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