EU court sets criteria for GSK case on 'pay-for-delay' drug deals

BRUSSELS (Reuters) – The European Union’s top court set criteria on Thursday to resolve a dispute in Britain over deals GlaxoSmithKline (L:) struck with rival drug makers to delay the launch of generic drugs.

The court said these deals in themselves do not constitute a breach of competition rules but their impact needed to be assessed because they could harm competition.

The case was brought before the court by GSK after Britain’s competition watchdog fined the drugmaker 37.6 million pounds ($49 million) in 2016 for its so-called “pay-for-delay” deals that delayed the launch of cheaper copies of an anti-depressant.

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