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Teva, Cephalon should see EU 'pay for delay' fine upheld, legal opinion says

By Nicholas Hirst and Jean Comte ( March 27, 2025, 12:15 GMT | Insight) -- An advocate general at the EU Court of Justice recommended upholding the European Commission's finding that an agreement between Teva and Cephalon relating to sleep-disorder drug Modafinil was a breach of competition rules. A settlement between a drug company and a generic challenger is a "by object" abuse where one side’s net gain can only be explained by the companies' "commercial interest" in not competing, he said.Teva and Cephalon breached EU competition rules by agreeing to delay the market entry of a generic drug produced by Teva in exchange for financial benefit, an advocate general at the EU Court of Justice said today....

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