On behalf of the team

On 5 February 2021, Teva Pharmaceutical Industries and Cephalon brought an action before the CJEU against the European Commission to appeal the fine they received.[1] The European Commission fined the pharmaceuticals on 26 November 2020 for establishing in a patent dispute settlement agreement that Cephalon would not enter the market with a general version of the sleeping disorder medicine modafinil.[2] According to the Commission, this was a forbidden pay-for-delay agreement, a restriction of competition by object. The pharmaceutical companies seek annulment or reduction of the imposed fine.

[1] Published in the Official Journal on 22 March 2021, OJ 22 March 2021, C 98/34. Case number T-74/21.

[2] Case number AT.39686 (Cephalon).