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July 11, 2014

EC Imposes $580 Million Fine for Alleged Actions to Prevent or Delay Generic Entry

Summary: On July 9, 2014, the antitrust watchdog of the 28-member-state European Union imposed fines totaling €427.7 million (US$ 580 million) on French pharmaceutical company Servier and five generic drug manufacturers based on Servier’s acquisition of alternative technologies allegedly to block competitive access and certain patent infringement settlements between Servier and the generics, which allegedly had the effect of delaying entry of generic versions of Servier’s branded perindopril products in the European Union. This enforcement action highlights the Commission’s interest in perceived efforts by innovator companies to prevent generic entry by any means.