84That said, it is indeed possible that a manufacturer of generic medicines finding itself in the situation envisaged by the referring court in Questions 3 to 5, after assessing its chances of success in the court proceedings between it and the manufacturer of the originator medicine concerned, may decide to abandon entry to the market concerned and, in that context, may conclude with the manufacturer of the originator medicine an agreement in settlement of those proceedings. Such an agreement cannot, however, be considered, in all cases, to be a ‘restriction by object’, within the meaning of Article 101(1) TFEU.
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