Canadian Competition Bureau Provides Preliminary Guidance On Pharma Patent Settlements

Settlements of patent litigation between brand name and generic pharmaceutical companies have been the subject of significant antitrust/competition enforcement activity in the United States and Europe. In Canada, the Competition Bureau (Bureau) has long expressed interest in such settlements but, until now, has not taken any enforcement action or provided guidance on its likely approach. That changed on September 23, 2014, with the release of the Bureau's White Paper Patent Litigation Settlement Agreements: A Canadian Perspective. The White Paper provides the Bureau's preliminary views as to how Canadian competition law could apply to such settlements. The White Paper makes it clear that these are preliminary views only, and that the Bureau is still considering the appropriate enforcement approach in Canada.