The evolving law of pay-for-delay

Table of contents

• Original news
• Under what circumstances will pay for delay deals be anti-competitive?
• Are all forms of patent settlements potentially at risk, even those where there’s no payment involved?
• What are the pro-competitive justifications for such deals and could there be a case for exemption?
• What is the approach of regulators in the US?
• How is the law on pay-for-delay likely to evolve?
• What will be the impact of the decision on the market and will it lead to increased competition for pharmaceuticals?

Article summary

Competition analysis: When will pay-for-delay deals be anti-competitive? Robert Eriksson of Pinsent Masons comments on the European Commission’s decision to fine pharmaceutical companies who were found to have entered into anticompetitive agreements to delay the entry of generic medicines within the EU and a recent US Supreme Court judgment on pay-for-delay settlements.