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PRACTICE NOTES
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T- 74/21 ARCHIVED–this archived case hub reflects the position at the date of the decision of 26 November 2020; it is no longer maintained.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 Outline European 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 development On 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
GLOSSARY
Financing that is available to a borrower with no conditions or with limited conditions. Under the Takeover Code, certain funds are required for an acquisition of a public company. It is common for lenders on acquisition finance transactions to lend on a certain funds basis, even where the target is a private company.
GLOSSARY
A negotiable bearer instrument which is evidence of a fixed term deposit with a bank and which either bears interest (at a fixed or variable rate) or is issued at a discount. Certificate of deposit are commonly issued with maturities between one month and five years.
PRECEDENTS
ARCHIVED: This Precedent is archived and is not maintained. Wildlife and Countryside Act 1981, section 53(5) and Schedule 14, para 2 [Title
GLOSSARY
A unique electronic reference number that is assigned to each non-EEA migrant worker. The Certificate of Sponsorship (CoS) contains both personal information about the migrant and information about the role. The CoS is used to support an application under Tiers 2 or 5 of the Points-Based System.
GLOSSARY
Where a patent has been the subject of an unsuccessful challenge before the courts as to its validity, the court can grant a certificate of contested validity.
GLOSSARY
A negotiable bearer instrument which is evidence of a fixed term deposit with a bank and which either bears interest (at a fixed or variable rate) or is issued at a discount. CDs are commonly issued with maturities between one month and five years. The advantage for the bank is that CDs are a simple and flexible way of obtaining fixed term funding from both retail and institutional investors. Documentation and administration costs are minimal. The advantage for investors is that, as a fixed term deposit, a CD will generally bear interest at a higher rate than an equivalent deposit in a savings or call deposit account. In the UK, CDs issued by banks are guaranteed under the Financial Services Compensation Scheme (FSCS) up to the current scheme maximum amount.
GLOSSARY
A certificate stating that a person has the right of abode in the United Kingdom (see the Nationality, Immigration and Asylum Act 2002, s 10 and the Immigration Act 1971, s 33(1)).
GLOSSARY
On the incorporation of a company at Companies House, the Registrar of Companies will assess the documents that have been filed and, if satisfied that the registration requirements of the CA 2006 have been complied with, will register the documents and issue a certificate of incorporation (CA 2006, ss 14–15). The certificate of incorporation will detail the company’s name and unique registration number, the date of incorporation, whether the company is public or private and whether it is unlimited, limited by shares or limited by guarantee, and the location of the company’s registered office. The certificate is conclusive evidence that the company has been incorporated in compliance with the requirements of the CA 2006 and that the company is duly registered.
GLOSSARY
In the case of re-registration of a company, a certificate of incorporation will be issued to reflect the company's re-registered status. Upon the issue of the certificate, the company becomes re-registered and the associated changes to the company's name and articles take effect. The certificate is conclusive evidence that the requirements of the CA 2006 as to re-registration have been complied with. The company's previous incorporation certificates should be retained as evidence of the company's historical identity and status.
GLOSSARY
A certificate issued by a local planning authority certifying that an existing or proposed use of buildings or land, or existing or proposed operational development, or any other matter constituting a breach of a planning permission, is or would be lawful.
GLOSSARY
A certificate issued pursuant to the contract'>building contract by the architect or employer's agent. The certificate confirms that the contractor has made good any defects, shrinkages or faults that have appeared during the defects liability period. It might also be referred to as a Notice of Completion of Making Good, or similar.