120The sole purpose of the counter-factual is to establish the realistic possibilities with respect to that manufacturer’s conduct in the absence of the agreement at issue. Accordingly, while that counter-factual cannot be unaffected by the chances of success of the manufacturer of generic medicines in the patent proceedings or again in relation to the probability of conclusion of a less restrictive agreement, those factors constitute, however, only some factors among many to be taken into consideration in order to determine how the market will probably operate and be structured if the agreement concerned is not concluded.
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