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Servier – follow-on claim for damages of £250 million

Peters & Peter continue to act for long-standing client the Secretary of State for Health in this claim against the French pharmaceutical group, Servier.

The claim was issued by the Secretary of State in 2011 following an announcement by the Euopean Commission that it was investigating Servier and other pharmaceutical companies for suspected anti-competitive behaviour, including “pay for delay” agreements, in relation to the blood pressure drug perindopril.

In July 2014, the European Commission confirmed that it had imposed fines on Servier and other pharmaceutical companies totalling €427.7 million.

The claim by the Secretary of State alleges that Servier paid generic competitors to stay out of the market and also deceived the European Patent Office and the English Courts in applying for and enforcing patents.  The claim is at the forefront of the interaction between intellectual property and competition law.

Mr Justice Henderson is the assigned judge and has already dealt with a number of interim applications.  In October 2013, the Secretary of State successfully resisted Servier’s appeal against an order that it provide further information and disclosure based on the French Blocking Statute and in November 2015 Servier were ordered to provide additional disclosure.

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