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
FTC Issues Annual Overview of Pharmaceutical Patent Settlements
The report also states that of the 40 potential pay-for-delay settlements, 19 included a “no-AG” provision restricting the brand from introducing an authorized generic, thus setting another record and almost doubling the number reported in 2011 (11).
Other interesting data points from the report include the following:
- 43 settlements involved generics eligible for 180-day exclusivity, over half of which included both compensation to the generic and provisions restricting the generic’s ability to market its product.
- 7 branded products had multiple settlements involving compensation and restrictions on entry.
- Over 70% of settlements did not involve compensation to the generic.
Below is a table from the report summarizing the types of agreements reported to the Commission since mandatory reporting of these agreements was imposed under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.
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