On 20 September 2016, the European Commission fined Altstoff Recycling Austria (“ARA”) under Article 102 TFEU for abusing its dominant position in the Austrian waste management...28 September 2016
Defining "Payments": The First Post-Actavis Battleground in Pharmaceutical Reverse Payments
Currently a number of courts are actively trying to carve the first contours of the rule of reason analysis called for under Actavis by attempting to answer the threshold question—namely, what constitutes a “payment” under Actavis. More specifically, these courts are considering whether scrutiny under Actavis is limited to cash payments from a brand to a generic or, if instead, the rule is broad enough to also reach other non-cash forms of consideration.
In a recent article, Lauren Battaglia discusses the evolution of non-cash forms of consideration as elements of pharmaceutical patent settlements, currently pending litigation on this issue, and the implications of extending Actavis scrutiny in this way for future settlements and litigation.
Liability for anti-competitive behaviour by your employees and outside contractors: when you are off the hook and when you are not
In its recent VM Remonts judgment, the...02 August 2016