Lundbeck Loses Appeal Against ‘Pay-For-Delay’ Decision

Lundbeck Loses Appeal Against ‘Pay-For-Delay’ Decision

September 12, 2016, Covington Alert

The General Court (the “GC” or the “Court”) delivered its judgment in the Lundbeck ‘pay-for-delay’ case last Thursday (Case T-472/13 Lundbeck v Commission). In its judgment, the GC confirms the European Commission (the “Commission”)’s decision (the “Decision”), namely that the agreements between Lundbeck and the generic producers (Merck KGaA/Generics UK (“GUK”), Alpharma, Arrow and Ranbaxy) restricted competition ‘by object’ in violation of Art. 101(1) of the Treaty on the Functioning of the European Union (“TFEU”).