GSK has been fined nearly $55 million by a UK watchdog over “pay-for-delay” deals.
The UK Competition and Markets Authority (CMA) has handed out a £37.6 million fine to GSK for paying out “value transfers totaling over 50 million pounds” to competitors between 2001 and 2004 to delay the introduction of generic versions of its branded anti-depressant drug, Seroxat (paroxetine).
Apparently, Generics UK (GUK) and Alpharma Limited were ready to enter the market with a generic version of GSK’s Seroxat in 2001. GSK alleged that their generic products would infringe its patents, and commenced litigation proceedings against GUK and Alpharma. But before the litigation went to trial, GUK and Alpharma each entered into agreements with GSK that prohibited their entry into the UK paroxetine market.
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