Can Antitrust Adequately Assess Patent Settlement Agreements Disconnected from Patent Law Relevant Facts? The Servier Case--Its Public Perception and its Underlying Facts.

On July 9, 2014, the EU Commission imposed fines on the French pharmaceutical company Servier and a number of generic drug producers for violating arts 101 and 102 TFEU by concluding so-called "pay-for-delay" patent settlement agreements. Despite a length of more than 900 pages, the decision does not address or discuss a number of underlying facts which are equally relevant for antitrust and patent law considerations. Their presentation and analysis in the light of the new Commission's approach are the primary focus of this contribution. [ABSTRACT FROM AUTHOR]