The European Union's competition regulator yesterday demanded to see a "selected number" of patent deals reached by pharmaceutical companies as part of a sector-wide probe into generic medicines.

The European Commission said that "on the basis of EU antitrust rules, it addressed requests for information to certain pharmaceutical companies asking them to submit copies of their patent settlement agreements."

Brussels is seeking patent settlements reached between originator and generic pharmaceutical firms from July 2008 to the end of 2009, notably those where "an originator company pays off a generic competitor in return for delayed market entry of a generic drug". The Commission, which polices competition in the EU, said its sector-wide probe had found that some settlements might deprive consumers of a broader choice of medicines and at lower prices.

It did not identify the companies involved, saying only that "a selected number" had received requests for copies of these deals.

"We need to monitor this type of agreement in order to better understand why, by whom and under which conditions they are concluded," said outgoing Competition Commissioner Neele Kroes.

"The monitoring will also provide us with the possibility to act should this become necessary."

Her services said they would analyse the details, and request more specific information if necessary. The regulator also threatened to continue to do so each year until the problem is addressed.

The demand is part of an investigation announced in July into the relationship between companies that patent their products as brand-named medicine, as well as their ties with generic drug producers.

According to a commission report produced in the summer, generic drugs cost on average 40 per cent less two years after they enter the market and save patients and insurance firms' money without compromising on effectiveness.

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