“Teva sought to create doubts about its rival product,” Vestager said. “It spread information contradicted by health authorities’ findings, aiming to cast doubt on the safety, efficacy, and therapeutic equivalence of the competing drug.”
Teva Fined €463M : Teva Challenges EU Decision, Plans Appeal
In response, Teva voiced disappointment with the EU’s decision, which it described as “misguided.” The company announced it would “vigorously defend” its actions in an appeal, calling the commission’s legal stance “extreme, untested, and factually unsupported.”
The EU’s probe into Teva’s practices began in 2019 after inspections of Teva’s subsidiaries led the regulator to believe the company violated European antitrust laws by deliberately stalling Synthon’s entry into the glatiramer acetate market.
In October 2021, the European Commission formally alleged that Teva had maintained an unfair advantage in Belgium, Czechia, Germany, Italy, the Netherlands, Poland, and Spain by misusing divisional patents for Copaxone.
Patent Abuse Extended Copaxone Monopoly, EU Finds
The Commission’s investigation found Teva preserved its competitive edge through a tactic known as “the divisional game,” which involves the strategic use of divisional patents with the European Patent Office (EPO). These secondary patents, although similar to the original, spotlight different aspects, such as production techniques or dosing.
