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Found 2 essays matching the above criteria.
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1. Reverse Payment Patent Settlements as Restrictions by Object under Article 101(1) TFEU
University essay from Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakultetenAbstract : This thesis examines the CJEU’s case law on value transfers between originator and generic undertakings, in the context of patent settlements, to ascertain the criteria for determining when such a practice amounts to a restriction of competition by object. The thesis finds that the CJ’s rulings in Generics and Lundbeck clarifies the treatment of more straightforward RPPSs and follows established case law on restrictions by object. READ MORE
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2. Paying for Delay or Something Else?--The Potential Anticompetitive Effect of Reverse Payment Patent Settlements in the Pharmaceutical Industry under article 101 TFEU
University essay from Lunds universitet/Juridiska institutionenAbstract : This thesis discusses the recent hot topic in the intersection of IP law and competition law; “pay-for-delay” agreements in the pharmaceutical industry. Such agreements arise in patent disputes where originator manufacturers (‘Originators’) claim patent infringement by the generic manufactures (‘Generics’). READ MORE