engleski

The Reverse Payment Settlements in the European Pharmaceutical Market

This chapter analyses the novelties in the EU competition law in pharmaceutical sector. Decisions in cases Lundbeck, Servier and J&J/Novartis reveal the Commission’s approach to intellectual property and regulatory issues which delay the market entry of generic pharmaceuticals. This contribution exposes and analyses a recent practice applied by pharmaceutical undertakings as part of their strategy to keep the dominant position in the market. It involves settlements between producers of original and generic pharmaceuticals, under which the producers of original pharmaceuticals undertake the obligation to pay generic producers in exchange for delay of market entry of generic pharmaceuticals. Such settlements are called reverse patent settlements or so-called ‘pay for delay’ settlements.

Competition Law, Reverse Payment Settlements, Pharmaceutical Market, European Law

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