European Court to consider GSK deals to delay the launch of generics


Advocate General of the European Court of Justice, Juliane Kokott expressed the view that the judicial authority should support the decision of UK Competition and Market Authority that transactions to delay the entry into the market of generics (pay-for-delay) between GlaxoSmithKline and other companies are in violation of antitrust laws, FirstWord Pharma reports. According to Ms Kokott, such deals help to curb competition, as the company abuses its dominant position in the market.

In 2016, CMA fined GSK and a number of companies for a total of £ 45 million ($ 59 million) for conspiring to prevent Seroxat (paroxetine) generic antidepressant analogues from entering the UK market. According to management, GlaxoSmithKline paid generic manufacturers, including Generics Limited and Alpharma for delaying the launch of their products.

GlaxoSmithKline and other companies appealed against the CMA decision in the UK Competition Appeals Tribunal, which in turn turned to the European Court for advice.

Ms Kokott believes that when making a decision, the European Court should take into account the consequences of such transactions for patients. A decision is expected in the coming months.