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EU: Commission picks a side on pay-for-delay controversy

By  |  June 3, 2013

In the first action taken since its initial look into the so-called pay-for-delay agreements of the pharmaceutical sector, the European Commission will reportedly fine a generic drug manufacturer in a move that suggests the regulator is ready to fight what it considers an anticompetitive, consumer-harming practice. Lundbeck, based in Denmark, as well as eight other generic drug makers will be fined by the Commission for entering into the agreements, which the Commission found to have blocked access to cheaper drugs for consumers. Since the probe was first launched into the sector in 2009, the Commission has determined that consumers could be hit with up to 20 percent markups for brand name prescription drugs. Both the US and the European Union are looking to clamp down on the anticompetitive practice. Reports say the EU will announce the fines later this month, according to Commission officials.

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