This article was first published in Intellectual Property Magazine in October 2016.
In February 2016, the UK Competition and Markets Authority (CMA) issued its first ‘pay-for-delay’ decision, fining GlaxoSmithKline (GSK) and certain generic companies for conduct and agreements relating to GSK’s blockbuster anti-depressant, paroxetine. A non-confidential version of the decision was published in August 2016, revealing the CMA’s detailed reasoning for the first time. This article examines the background to the case, the legal basis of the CMA’s infringement findings, and the implications of the decision for the pharmaceutical sector and IP transactions more generally.
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