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Teva Slapped With €60m Fine Over Unlawful EU Provigil Delay

Fine Closes ‘Pay-For-Delay’ Investigation That Began In 2011

 
• By Dean Rudge

Teva received a “package of commercial side-deals” for agreeing to halt generic competition to Cephalon’s Provigil (modafinil) throughout the EU, which it “would not have achieved without committing to staying out of the market,” according to findings by the European Commission.

EU Brussels
Teva committed to stay out of the modafinil markets "because of the substantial value transferred to it by Cephalon," the EC found. • Source: Shutterstock

Teva and its Cephalon affiliate have received fines totaling €60.5m ($72m) from the European Commission over an historic ‘pay-for-delay’ arrangement covering Cephalon’s Provigil (modafinil) that violated EU antitrust rules and caused “substantial harm to EU patients and healthcare systems by keeping prices high.”

The fine is the culmination of a near ten-year investigation by the European Commission, beginning in April 2011, weeks before Teva signed a definitive agreement to

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