The Australian Federal Court dismisses an appeal by the Competition Authority against a judgement establishing market power in the pharmaceutical sector (Pfizer)

The Full Court of the Federal Court of Australia has dismissed an appeal by the ACCC against an earlier judgment in relation to pharmaceutical company Pfizer. While the Full Court upheld the single judge decision that Pfizer had not misused its market power or engaged in prohibited anti-competitive exclusive dealing, the Full Court found that Pfizer did have market power in all relevant periods and that it used its market power. These findings when coupled with changes to the law in November 2017, mean that pharmaceutical companies cannot assume that steps taken in the period leading up to the expiry of a patent will not give rise to potential competition law issues and ACCC interest. Update: On 25 June 2018, the ACCC announced that it has sought special leave from the High Court to

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Authors

  • Herbert Smith Freehills (Melbourne)
  • Herbert Smith Freehills (Melbourne)
  • Herbert Smith Freehills (Sydney)

Quotation

Patrick Sands, Sarah Benbow, Patrick Gay, The Australian Federal Court dismisses an appeal by the Competition Authority against a judgement establishing market power in the pharmaceutical sector (Pfizer), 25 May 2018, e-Competitions May 2018, Art. N° 93626

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