Pfizer states its case
October 10, 2014
PFIZER’S opening statement
was set to wrap up yesterday at
the hearing for the Australian
Competition and Consumer
Commission’s (ACCC) case against
the pharmaceutical company
alleged misuse of market power
and exclusive dealing in relation
to its supply of atorvastatin to
pharmacies (PD 08 Oct).
Pfizer’s defence, filed with
the court in September, said
the company denied that an
atorvastatin market existed, and
that if such a market did exist,
the company denied that it had
a “substantial degree” of market
power in this market.
Pfizer said some manufacturers
or importers promoted their
generic atorvastatin before 19
May 2012, with the patent for the
pharmaceutical expiring on 18 May
2012, and that Ranbaxy Australia
promoted its Trovas product prior
to 18 Feb 2012.
In its defence, Pfizer agreed with
the ACCC statement that by 24
Feb 2012, 2,346 pharmacies had
accepted its offers.
The company said it denied that
it had the purpose of deterring
or preventing other suppliers of
generic atorvastatin from engaging
in competitive conduct in the
atorvastatin market, including
that it did not seek to take up
community pharmacy shelf space
to limit the ability of other generic
suppliers to sell the product, by the
condition of the offers to accept
shipments of atorvastatin Pfizer
before 30 Apr 2012.
It said in supplying atorvastatin
Pfizer to a pharmacy through
its offers, it had granted that
pharmacy a licence of the patent
and if it offered the discounts and
rebates alleged by ACCC, this was a
condition of this sub-license.
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