Cases T- 472/13 Lundbeck v Commission, et al (Pay-for-delay) [Archived]
Cases T- 472/13 Lundbeck v Commission, et al (Pay-for-delay) [Archived]

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

  • Cases T- 472/13 Lundbeck v Commission, et al (Pay-for-delay) [Archived]
  • Case facts
  • Timeline
  • Commentary
  • Relevant/related cases

CASE HUB

ARCHIVED–this archived case hub reflects the position at the date of the judgment of 8 September 2016; it is no longer maintained.

See further: timeline, commentary and relevant/related cases

NOTE—appeals lodged by Lundbeck and others at Court of Justice (see below)

Case facts

OutlineAppeals to the General Court seeking annulment and/or reductions in the level of fines imposed regarding 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'). 

On 8 September 2016, the General Court dismissed in their entirety the actions brought by Lundbeck and the generics manufacturers—thus confirming the Commission’s findings of infringement and the €146m of combined fines imposed on Lundbeck and the generic manufacturers.

This represents the first legal challenge against a Commission decision condemning pay-for-delay agreements between pharmaceutical originators and generics manufacturers—arrangements which have been common in the industry and argued by originators to be a legitimate means of protecting valuable intellectual property. The matter also focuses on whether it was appropriate for the Commission to classify these pay-for-delay agreements as 'by object' restrictions of competition within the meaning of Article 101(1) TFEU—ie reviewing the basis upon which an agreement

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