Reverse Payment Settlement Cases: Under the Rule of Reason By Object? A Brief Reflection

Marleen Van Kerckhove, Sep 30, 2013

The EC’s 2009 Sector Inquiry Report on certain practices in the European pharmaceutical sector described in considerable detail the practice and nature of settlement agreements between originator companies and generic companies in the European Union in the period 2000-2008. The Report did not intend to lay down guidance on the compatibility of these agreements with EU competition law. However, it does refer to the FTC having found some of these agreemen