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REVERSE PATENT SETTLEMENTS AND EU COMPETITION LAW

Published online by Cambridge University Press:  03 April 2017

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Extract

THE judgment of the General Court in Case T-472/13, Lundbeck v Commission EU:T:2016:449 is the first decision of the CJEU on the application of EU competition law to reverse patent settlements. It confirms that Article 101 TFEU applies to agreements that restrict potential competition, and discusses the circumstances in which reverse patent settlements will amount to a restriction by object. However, the judgment provides little by way of practical guidance for those involved in negotiating patent settlements and leaves many questions unanswered.

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Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2017 

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