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EU: Denmark’s Lundbeck loses pay-for-delay antitrust appeal

By  |  September 8, 2016

Danish drugmaker Lundbeck lost an appeal against a European Union antitrust fine on Thursday when a court ruled its payments to rivals to delay sales of generic copies of a blockbuster anti-depressant were anti-competitive.

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    The ruling followed an appeal by Lundbeck and five other generic drugmakers against a 2013 decision by the European Commission that their “pay-for-delay” deals breached EU rules.

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    The companies were fined a combined 146 million euros, 93.7 million euros of which was levied on Lundbeck in relation to its citalopram anti-depressant.

    The General Court of the European Union said in its ruling that it dismissed Lundbeck’s action in its entirety and that the agreements had restricted potential competition.

    The company said it was disappointed and would study the verdict before deciding whether to appeal to the top court. It had already booked its fine as a cost in 2013, saying there would be no impact on its 2016 financial forecasts.

    Lundbeck’s case, among several before the EU courts, has been closely watched by the drugs industry, which is seeking to preserve a longstanding business practice opposed by regulators on both sides of the Atlantic.

    Full Content: Reuters

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