Kokott said the same would be true if the restrictions in those agreements „do not exceed the scope and period of the patent that have not yet expired and if the amount transferred to the generic drug manufacturer is less than the profit it could have expected if it had entered the market independently.“ A delay payment agreement will conflict with the „by effect“ provisions if the agreement aims to eliminate competition between pharmaceutical patent holders and generic drug manufacturers and that effect „is felt based on the context of the agreement,“ she said. The structure of the market, the parties` position on it and, if so, the existence of other similar agreements will be relevant to this assessment, Kokott said. Kokott believes that competition authorities and courts do not need to verify whether there is an „effective“ restriction of competition if it is already established that a royalty agreement constitutes a leagging restriction of competition. However, it explained the circumstances in which toll agreements will trigger the „by effect“ provisions. The CMA welcomes the judgment of the Court of Justice of the EU in a late payment case* The CMA welcomes a ruling by the Court of Justice of the European Communities on the case where pharmaceutical companies providing an antidepressant called paroxetine have broken the law. Today`s verdict follows appeals from GlaxoSmithKline and others (…) On July 11, 2019, the Paris Court of Appeal issued a judgment in the event of a delay in the importation of generic drugs from Durogesic.