The English High Court dismisses interim injunction in abuse of dominance case concerning refusal to supply in HIV prescription medicines market (Chemistree Homecare / Abbvie)

On 11 February 2013, the English High Court dismissed an application for an interim injunction in an abuse of dominance case concerning an alleged refusal to supply a patented HIV prescription medicine. Chemistree Homecare Ltd (the “claimant”) had applied for an interim injunction against Abbvie Ltd (the “defendant”) concerning supplies of a patented medical product marketed under the brand name Kaletra®, a protease inhibitor used in combination therapies of antiretroviral (“ARV”) medicines for HIV patients. The claimant is a pharmacy business, primarily involved in the supply of homecare services to NHS hospitals but also in dispensing medicines and delivering them to patients’ homes and administering them to patients. It is also active as a medical wholesaler. The defendant supplies and

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  • Van Bael & Bellis (Brussels)

Quotation

Tim Kasten, The English High Court dismisses interim injunction in abuse of dominance case concerning refusal to supply in HIV prescription medicines market (Chemistree Homecare / Abbvie), 11 February 2013, e-Competitions Bulletin Competition in the Pharmaceutical sector, Art. N° 57222

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