From our private database of 34,000+ case briefs...
Lundbeck v. Commission
European Union Court of Justice
Case T-472/13 (2016)
Lundbeck (defendant) manufactured a best-selling antidepressant drug, sold as Celexa and Cipramil. Lundbeck held patents covering the drug molecule and manufacturing process. As the patent expiration dates approached in 2002, several companies were preparing to enter the market with generic versions of Lundbeck’s drug. Lundbeck sued them for patent infringement, and the parties settled. Under the terms of the settlement, Lundbeck agreed to buy the generic companies’ current stores of their generic drugs and offered them guaranteed profit payments via a distribution agreement. In exchange, the generic manufacturers agreed not to enter the market with their versions of the drug. In June 2013, the European Commission (the commission) (plaintiff) ruled that the settlements violated Article 101 of the Treaty on the Functioning of the European Union (TFEU) and fined Lundbeck and the generic companies. The commission found that the settlement terms were anticompetitive because the parties were potential competitors, the generic companies agreed to limit their own efforts to enter the generic drug market, and they were compensated to do so by Lundbeck via a reverse-payment settlement, which reduced their incentive to compete. The commission declared this conduct anticompetitive by object, meaning presumptively anticompetitive, a finding that eliminated the need to examine the actual anticompetitive effects of the agreements. Lundbeck appealed.
Rule of Law
Holding and Reasoning
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 607,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.