The European Court of Justice (ECJ) has today (30 January) clarified criteria applicable to the characterisation of settlement agreements between a pharmaceutical patents holder and generic medicines manufacturer, in a GlaxoSmithKline (GSK) pay-for-delay reference decision.
In February 2016, the UK Competition and Markets Authority (CMA) imposed a GBP 45m (EUR 53.21m) fine on British multinational pharmaceutical GSK and generic pharma firms Generics (UK) and its parent Merck, Actavis, Alpharma and Xellia for delaying the entry of cheaper versions of GSK’s blockbuster paroxetine antidepressant Seroxat in the UK.
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