Danish pharmaceutical claims €93.8 million pay-for-delay penalty was the result of ‘serious legal and factual errors’

Lundbeck is appealing against a €93.8 million (£79.4 million) fine, handed down by the European commission, for its part in blocking market entry of a generic antidepressant. The Danish pharmaceutical claimed that the decision, made in June, contained ‘several serious legal and factual errors’.

The June decision saw nine pharmaceutical firms fined €146 million for their part in a so-called pay-for-delay deal. The commission said that payments were made to drug companies to stop a cheaper, generic version of citalopram coming onto the market. The commission, along with the US Federal Trade Commission, has been investigating pay-for-delay deals for a number of years now. The commission reopened its investigation into whether Lundbeck acted improperly to keep its depression drug citalopram off the market in 2010.

Lundbeck expects the appeal to take two to three years to resolve, although said that it may take as long as six years if it goes all the way to the European Court of Justice.