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

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

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.

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Modafinil Deal Breached EU Competition Rules • Source: Shutterstock

Teva and its Cephalon affiliate have been handed fines totaling €60.5m ($72m) over a 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 10-year investigation by the European Commission that began in April 2011, weeks before Teva signed a definitive agreement to acquire Cephalon and...

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