The main objective of this paper is to shed some clarity on the applicable criteria for the antitrust analysis of side-deals as part of pharmaceutical patent settlements in the European Union. First, this paper critically discusses and compares the criteria used by the EU Commission and the...

This piece discusses pharmaceutical product reformulations and product hopping strategies, along with the impact that antitrust scrutiny may have on innovation incentives. The main thesis presented is that for the sake of preserving innovation incentives, antitrust analysis should not focus on...