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Teva Provigil ‘Pay For Delay’ Fines Should Stand, AG Says

Firm Has Appealed Decisions Leading To €60m EU Fines

 
• By Dave Wallace

Teva should not be able to overturn European fines imposed over a historical “pay-for-delay” arrangement covering Cephalon’s Provigil (modafinil), an advocate general of the CJEU has recommended.

A CJEU advocate general has recommended rejecting Teva’s appeal (Shutterstock)

Fines previously issued over a “pay for delay” agreement between Teva and Cephalon over Provigil (modafinil) should stand, according to an opinion delivered by an advocate general of the Court of Justice of the EU.

In October 2023, Teva failed in an appeal against a European Commission decision from 2020 that imposed fines totaling €60.5m ($65

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