“Pay for Delay” gets a Closer Look in Canada

The Canadian Competition Bureau is taking a “keen interest” in patent litigation settlements between brand and generic drug manufacturers.  It has taken the view that such settlements could actually be anti-competitive, competitor collaborations in breach of the Competition Act. Pharmaceutical regulation in Canada In Canada pharmaceutical medicines are federally regulated.  Health Canada regulates both “innovator”

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What you don’t (reasonably) know can’t hurt you – Discoverability applies to claims under Part VI of the Competition Act

Price-fixing conspiracies harm retailers and consumers by forcing them to pay unlawful overcharges on products and services.  The Competition Act, which regulates business conduct throughout Canada, allows retailers and consumers to recover any losses that they suffered as a result of such unlawful conspiracies.  Without this important remedy, retailers and consumers could not obtain compensation

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