Pay-for-delay And The Duty To Retain Documents: The CJEU's Judgment In Lundbeck

In this follow-up episode of our podcast series on patent settlement agreements and competition law, Sophie Lawrance and Helena Connors will cover the key takeaways from the Court of Justice's long-awaited judgment in Lundbeck.

While there are no big surprises in this judgment, it does clarify the Court's position on two key points of contention:

1. whether generics manufacturers and originator companies are potential competitors; and
2. on whether a "pay-for-delay" type agreement may amount to a restriction of competition "by object".

In the podcast, we'll discuss the Court's selection of facts to illustrate its reasoning on these points, in particular in relation to its consideration of "subjective" factors as evidence of whether parties viewed each other as potential competitors.