Lundbeck v. Commission: The First Decision of the European General Court on Reverse Payments
Posted by Social Science Research Network
Lundbeck v. Commission: The First Decision of the European General Court on Reverse Payments
Amalia Athanasiadou (University of Neuchatel)
Abstract: On September 8, 2016, the General Court of the European Union published its decision on Lundbeck v. Commission, its first decision on patent settlements involving reverse payments. This commentary focuses on the main points of the Lundbeck decision: the role of the patent and of the presumption of patent validity in the antitrust analysis, the issue of potential competition and the importance of the size of the payments. It presents the General Court’s analysis and considerations which led to a finding of a restriction of competition by object and also discusses the influence of the US Supreme Court’s decision in FTC v. Actavis on the General Court’s reasoning. Finally, it argues that the General Court’s decision does not amount to a class condemnation of all patent settlements involving reverse payments as restrictions by object and maintains that the standard set by the Lundbeck decision is not necessarily harsher than the one embraced by FTC v. Actavis.
Continue reading…
Featured News
Landmark Monopoly Trial Between DOJ and Google Wraps Up
May 2, 2024 by
CPI
Lawmaker Probes FTC and EU’s Role in Amazon’s Failed iRobot Acquisition
May 2, 2024 by
CPI
FTC to Approve Exxon’s $64 Billion Deal with Pioneer Resources
May 1, 2024 by
CPI
UK Competition Watchdog Raises Alarm Over Nvidia’s ARM Takeover
May 1, 2024 by
CPI
Sen. Klobuchar Urges Regulators to Probe Collusion in Healthcare Pricing
May 1, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI