Published on: 30 October 2025
Published by a Law360 reporter
Teva, Cephalon cannot overturn €60m fine in pay‑for‑delay case
Law360, London: On 23 October 2025, Europe’s highest court confirmed a €60.5m penalty against Teva and its acquired business Cephalon, holding that their pay‑for‑delay accord curtailed competition by preventing a lower‑priced generic for a blockbuster narcolepsy medicine from reaching the market. See: Teva, Cephalon cannot overturn €60m fine in pay‑for‑delay case.
Judgment Alert: Teva Pharmaceutical Industries Ltd v Cephalon Inc, ECLI:EU:C:2025:825
The Court of Justice of the European Union (Fourth Chamber) rejected the appeal brought by Teva Pharmaceutical Industries Ltd and Cephalon Inc against the General Court’s ruling, which had refused their application to annul the Commission’s Decision. The Commission had concluded the parties infringed Article 101 of the Treaty on the Functioning of the European Union and Article 53 of the EEA Agreement by entering into a pharmaceutical sector settlement involving a reverse payment...
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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