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Pay-for-Delay Decisions:

Are They Truly Restricting Competition?

Samantha Zakka


Recent decisions and judgments found reverse payment patent settlements to infringe competition law – the so-called ‘pay-for-delay’ decisions. Practitioners hold controversial positions as to whether those agreements restrict competition law by object or by effect. The Lundbeck saga, in Europe, is still ongoing as the case is now pending before the Court of Justice of the European Union and may bring the debate to an end. However, the pharmaceutical sector demands a particular examination of its structure, and competition on this market may differ significantly from others, especially in terms of potential competition.

Samantha Zakka, LL.M in Competition Law (King’s College London), Case Handler at the Belgian Competition Authority (BCA). For correspondence: <>. The views expressed in this article do not reflect the position of the BCA.


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