Case C- 307/18 Generics (UK) Ltd and Others v CMA [Archived]
Case C- 307/18 Generics (UK) Ltd and Others v CMA [Archived]

The following Competition practice note provides comprehensive and up to date legal information covering:

  • Case C- 307/18 Generics (UK) Ltd and Others v CMA [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Related/relevant cases

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ARCHIVED–this archived case hub reflects the position at the date of the judgment of 30 January 2020; it is no longer maintained.

See further, timeline, commentary and related/relevant cases.

Case facts

OutlineCase 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.

PartiesApplicants:

• 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)

MarketPharmacuticals—anti-depressant medicines, namely paracetine.

Background to referenceCMA’s decision

On 12 February 2016, the CMA issued its infringement decision in GlaxoSmithKline and others (paroxetine) (CE/9531-11) and imposed the following fines:

GSK was fined £37,606,275

• In relation to GUK's infringement, GUK and Merck KGaA (GUK's former parent) were fined a total of £5,841,286 (both companies being jointly and severally liable)

• In relation top Alpharma's infringement, Actavis UK Limited (formerly Alpharma Limited), Xellia Pharmaceuticals ApS (formerly Alpharma ApS) and Alpharma LLC (formerly Zoetis Products LLC,

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