Reverse patent settlement

On Thursday the General Court (the “GC”) held the first two hearings  in the Lundbeck case.

Generics UK, now part of the Mylan group, and its former parent Merck KGaA (“Merck”) challenged the European Commission’s (the “Commission”) analysis, arguing that the Commission had wrongfully concluded that Generics UK’s settlement agreement with Danish originator Lundbeck restricted competition ‘by object’, such that it infringed article 101(1) of the Treaty on the Functioning of the European Union (“TFEU”).

Unlike its subsequent analysis in Servier where the Commission analysed by the ‘object’ and ‘effect’  of the agreements, in Lundbeck the Commission did not analyse the effects of the parties’ conduct.Continue Reading Merck and Generics UK challenge the Commission’s ‘by object’ analysis in Lundbeck