Remedying the pay-for-delay headache
14 August 2012

Mélanie Thill-Tayara has been quoted by GCR, commenting the objections of the European Commission against pay-for-delay deals between drug makers and a number of their generic rivals.

While the commission is clearly not bound to take into account US antitrust law precedents, Mélanie Thill-Tayara, at Norton Rose in Paris, who advised a pharmaceutical company in one of the commission’s investigations, says DG Comp is likely to consider the FTC’s struggles. “Pharmaceutical companies’ lawyers are likely to put forward the same objections voiced by the courts,” she says. “The rejection of the FTC’s arguments makes life for DG Comp more difficult.”

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