After Lundbeck: Is the “pay for delay” debate over?

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The wheels of justice may turn slowly, but their grind is relentless. In 2013, the European Commission fined Lundbeck and several generic pharma companies EUR 146 million in respect of anti-competitive agreements inked in 2002. That marked the Commission’s first enforcement action against pharma patent settlements. Nearly two decades after those agreements were concluded, the EU’s Court of Justice recently rejected the companies’ appeals against the Commission’s prohibition decision. A clean and clear vindication of the Commission’s approach.