OFT investigates pharma sector patent settlement agreements

The Office of Fair Trading has announced that it is investigating patent litigation agreements relating to paroxetine.  Paroxetine is a medicine used in the treatment of disorders such as depression and anxiety disorder.  This follows an enquiry by the European Commission into the pharmaceutical sector in relation to patent settlements.  There has been a concern that those agreements may be used to delay the entry of generics onto the market.  The investigations relate to possible breaches of EU competition law – both in terms of Article 101 of the Treaty on the Function of the European Union (agreements between parties which have as their object or effect the distortion of trade between EU Member States) and Article 102 of the Treaty (abuse of a dominant position within the EU).