Patent Settlement Agreements In Pharma: EC’s Preliminary View on Teva/Cephalon

On 17 July 2017 the European Commission (EC) sent Statement of Objections to pharmaceutical company Teva with its preliminary view that a patent settlement agreement concluded with Cephalon was in breach of EU competition law. Under the agreement, Teva committed not to market a cheaper generic version of Cephalon’s drug for sleep disorders, modafinil. In…

Luxury Brand Image and Online Sales Restriction: Advocate General’s Opinion In Coty Case

On 26 July2017 the Advocate General (AG) Wahl delivered his Opinion in Coty Case C-230/16. It provides guidance on the legality of online sales bans in selective distribution agreements in the EU and their justification under the “luxury image” argument. Highlights of the case The Court of Justice of the EU (CJEU) is currently reviewing Coty case…