The legality of ‘reverse payments’ in the EU

In a guest post for the Spicy IP blog, partner Gary Moss discusses the practice of ‘reverse payments’, where a pharmaceutical company, which owns a patent, pays off a generic competitor to not enter the market.

It follows fines totalling €146 Million given by the European Commission to Lundbeck and four other generic companies (Merck KGaA/Generics UK, Arrow, Alphapharma, and Ranbaxy).