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Pay-for-delay concerns up again in Europe

This article was originally published in Scrip

Executive Summary

The number of patent settlement deals signed between originator companies and generics manufacturers which may violate EU anti-competition rules tripled in 2011 over the previous year, according to the European Commission's third monitoring report. Of 120 patent settlements signed in the EU in 2011, 13 fell into the category of those which limit generic entry and involve value transfer from the originator company. This type of deal is "likely to attract the highest degree of antitrust scrutiny", according to the Commission.

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