CJEU Confirms Settlements Can Break EU Law

In Ruling Related To ‘Pay For Delay’ Deals Over Paroxetine

The UK’s Competition and Markets Authority has welcomed a formal ruling by the CJEU that settling patent disputes can break EU law by restricting competition and abusing a dominant position, in a case revolving around so-called ‘pay for delay’ settlements over GSK’s Seroxat paroxetine antidepressant.

Gavel
The CJEU Ruling Follows The Opinion Of Its Advocate General • Source: Shutterstock

A formal ruling by the Court of Justice of the EU that settling patent disputes can break EU law by restricting competition and abusing a dominant position has been welcomed by the UK’s Competition and Markets Authority, which was a party to the referred litigation.

The CJEU ruling follows the opinion of its advocate general Juliane Kokott, who recently recommended in response to the referral...

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