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Teva, Cephalon should lose appeal of EU ‘pay for delay’ fine, court opinion says

( March 27, 2025, 10:16 GMT | Official Statement) -- MLex Summary: The legal challenge lodged by Teva and Cephalon to a fine of 60.5 million euros — which the European Commission imposed on them for agreeing to delay the entry of Teva's generic rival to the sleep-disorder drug Modafinil — should be rejected, according to a court opinion issued today. In his non-binding recommendation for the EU's top court, Advocate General Athanasios Rantos suggested that the appeal be dismissed, saying that an agreement is prohibited, regardless of its effects, where its objective is anticompetitive.The Advocate General opinion is attached. Case reference is C-2/24.  ...

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