Case C- 591/16 P Lundbeck v Commission (pay-for-delay)
Case C- 591/16 P Lundbeck v Commission (pay-for-delay)

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

  • Case C- 591/16 P Lundbeck v Commission (pay-for-delay)
  • Case facts
  • Timeline
  • Commentary
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Case facts

OutlineCase C- 591/16 P Lundbeck v Commission—appeal to the Court of Justice against the General Court’s judgment in Case T- 472/13 which dismissed an action for annulment of the Commission’s decision of 19 June 2013 finding four infringements of Article 101 TFEU and Article 53 EEA Agreement and imposing fines totalling €146m on Lundbeck and producers of generic drugs for entering agreements to delay the entry of generic citalopram in the EEA ('pay-for-delay') (AT.39226).

Latest development On 4 June 2020, Advocate General Kokott delivered her opinion in which she proposed that the Court of Justice should dismiss the appeal in its entirety and uphold the General Court’s judgment and the Commission’s decision. In particular, Advocate General Kokott concluded that pay-for-delay agreements should be classified as a restriction of competition by object, unless it can be clearly shown that such agreements have any other interest than a commercial one to stifle competition.

PartiesAppellant:

• H. Lundbeck A/S and Lundbeck Ltd (together Lundbeck):  Lundbeck is a Danish based company that operates as an international pharmaceutical company. It researches, manufactures, and sells drugs for the treatment of psychiatric and neurological disorders. Lundbeck focuses on mood disorders, dementia, anxiety, and sleep disorders. It undertakes research both in-house and in cooperation with research centers. Lundbeck markets

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