Cephalon and Teva (Modafinil) (AT.39686) [Archived]

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  • Cephalon and Teva (Modafinil) (AT.39686) [Archived]
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Cephalon and Teva (Modafinil) (AT.39686) [Archived]

CASE HUB

NOTE—appeal lodged before the General Court in Case T- 74/21

ARCHIVED–this archived case hub reflects the position at the date of the decision of 26 November 2020; it is no longer maintained.

See further, timeline, commentary and related cases.

Case facts

OutlineEuropean Commission Article 101 TFEU investigation into Teva Pharmaceuticals Industries Limited and its subsidiary Cephalon Inc. in relation to a pay for delay agreement concerning the Modafinil sleep disorder medicine (case number AT.39686).

Latest developmentOn 26 November 2020, the Commission issued its infringement decision against Teva Pharmaceuticals Industries Limited and Cephalon Inc., imposing a total fine of €60.5m, for breach of Article 101 TFEU in relation to a ‘pay delay’ agreement, under which Teva Pharmaceuticals Industries Limited committed not to market a cheaper generic version of Cephalon Inc’s drug for sleep disorders, Modafinil, following expiration of patents in exchange for cash payments and other inducements.

Parties• Teva Pharmaceuticals Industries Limited (Teva): Teva is a generic pharmaceutical manufacturer based in Israel. 

Cephalon Inc. (Cephalon): Cephalon is a US-based pharmaceutical company. 

Teva acquired Cephalon in October 2011, with the transaction approved by the Commission subject to commitments after a phase I investigation under case number M.6258.

BackgroundThe Commission formally opened its investigation in April 2011.

On 17 July 2017, the Commission issued a statement of

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