Published on: 23 October 2025
Published by a LexisNexis Competition expert
The Court of Justice has handed down its ruling in Case C‑2/24 P, Teva Pharmaceutical Industries and Cephalon v Commission, concerning an appeal from the General Court’s judgment in Case T‑74/21. That earlier ruling upheld the Commission’s 2020 decision levying fines on Teva and Cephalon for a pay‑for‑delay arrangement that postponed the launch of a generic version of modafinil. The Court of Justice rejected the appeal in full.
In 2005, Cephalon, a pharmaceutical company, owned patents linked to the medicine modafinil. Teva, as a generic producer, aimed to enter with a competing modafinil generic. Disputes followed between the firms alleging patent infringement. Later that year, they settled: Teva agreed neither to market its generic modafinil nor to contest Cephalon’s patents, in return for substantial monetary transfers and other commercial advantages from Cephalon.
In 2011, the Commission opened a probe into the settlement to determine whether it amounted to an anti‑competitive pay‑for‑delay deal. In 2020, it found the arrangement restricted competition by object, contrary to Article 101 TFEU...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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