Case T- 74/21 Teva Pharmaceutical Industries and Cephalon v Commission [Archived]
Published by a LexisNexis Competition expert
Practice notesCase T- 74/21 Teva Pharmaceutical Industries and Cephalon v Commission [Archived]
Published by a LexisNexis Competition expert
Practice notes
CASE HUB
ARCHIVED—this archived case hub reflects the position at the date of the judgment of 18 October 2023; it is no longer maintained.
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Case facts
| Outline | Appeal against the Commission’s decision against Teva Pharmaceuticals Industries Limited and Cephalon Inc., imposing a total fine of €60.5m, for breach of Article 101 TFEU in relation to a ‘pay delay’ agreement, under which Teva Pharmaceuticals Industries Limited committed not to market a cheaper generic version of Cephalon Inc’s drug for sleep disorders, Modafinil, following expiration of patents in exchange for cash payments and other inducements (AT.39686), |
| Latest development | On 18 October 2023, the General Court issued its judgment in which it dismissed the appeal in its entirety. In particular, the General Court held (amongst other things): (i) the settlement agreement constituted a restriction of competition; (ii) the Commission had been correct to find that the settlement agreement did not entail proven pro-competitive effects that were capable of casting reasonable doubt on the anti-competitive object of that agreement; (iii) the Commission |
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