Case C- 307/18 Generics (UK) Ltd and Others v CMA [Archived]
Published by a LexisNexis Competition expert
Practice notesCase C- 307/18 Generics (UK) Ltd and Others v CMA [Archived]
Published by a LexisNexis Competition expert
Practice notes
CASE HUB
ARCHIVED–this archived case hub reflects the position at the date of the judgment of 30 January 2020; it is no longer maintained.
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Case facts
| Outline | Case C- 307/18 Generics (UK) Ltd and Others v Competition and Markets Authority—a national reference from the UK concerning the application of Articles 101 and 102 TFEU in relation to pay for delay patent settlement agreements. |
| Latest developments | .On 30 January 2020, the Court of Justice issued its judgment. The Court of Justice closely followed the Opinion of Advocate General Kokott, confirming (amongst other things) that such agreements may constitute a restriction of competition by object or effect and/or an abuse of a dominant position. |
| Parties | Applicants:• Generics (UK) Ltd (GUK)• GlaxoSmithKline plc (GSK)• Xellia Pharmaceuticals ApS (Xellia)• Alpharma LLL (formerly Zoetis Products LLC (Alpharma) and• Merck KGaA (Merk)Defendant:Competition and Markets Authority (CMA) |
| Market | Pharmacuticals—anti-depressant medicines, namely paracetine. |
| Background to reference | CMA’s decisionOn 12 February 2016, the CMA issued its infringement decision in GlaxoSmithKline and others |
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Jurisdiction(s):
United Kingdom
Key definition:
Generic definition
What does Generic mean?
A medicinal product which contains the same active substances and has the same pharmaceutical form as the original branded reference medicinal product, and whose bioequivalence with the reference medicinal product has been demonstrated by appropriate bioavailability studies, as defined in Article 10(2)(b) of Directive 2001/83/EC.
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