Further guidance from the Advocate General: ‘Pay-for-delay’ agreements


The Opinion of Advocate General Kokott in Case C-591/16 P H. Lundbeck A/S and Lundbeck Ltd v European Commission (“Lundbeck”) delivered on 4 June 2020.

For those interested in ‘pay-for-delay’ agreements, 2020 has proved to be an action-packed year.  Following the CJEU’s judgment in Case C-307/18 Generics (UK) Limited & Others v Competition and Markets Authority (“Generics”) in January 2020, Advocate General (“AG”) Kokott has now given her Opinion in the long running proceedings between H. Lundbeck A/S and Lundbeck Ltd (together “Lundbeck”) and the European Commission (“EU Commission”).

This case is particularly significant as it marks the first time that the guidance given by the CJEU in Generics (see previous Bristows articles here and here) has been applied to a different (albeit not entirely dissimilar) fact pattern.  Moreover, in contrast to Genericswhere the CJEU responded to a preliminary reference from the UK Competition Appeals Tribunal, this case has arisen from an appeal from the EU Commission and General Court.

Read the full article on our competition law blog, The CLIP Board – ‘Pay-for-delay’ agreements: further guidance from the Advocate General