Patent Settlements May Break EU Law
UK’s Paroxetine Referral Raises Competition Issues
Patent-litigation settlements reached almost 20 years ago in the UK over GSK’s Seroxat paroxetine antidepressant may contravene EU competition law, an advocate general has advised the CJEU.
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The UK’s Competition and Markets Authority has welcomed an EU Court of Justice ruling that settling patent disputes can break EU law by restricting competition. The case involved so-called "pay for delay" settlements regarding generic competitors to GlaxoSmithKline's antidepressant Seroxat (paroxetine).