Pfizer’s market power not “substantial” at time of Lipitor offers.
The Federal Court has dismissed the Australian Competition and Consumer Commission’s (ACCC) anti-competitive conduct case against Pfizer Australia today.
The ACCC allegations related to offers made to pharmacies in early 2012 for the supply of Lipitor and Pfizer’s generic atorvastatin product, with the organisation alleging Pfizer had a substantial degree of market power in the atorvastatin market and was proscribed from using that power to prevent competitive conduct (PD 08 Oct 14).
Justice Flick found that while Pfizer had taken advantage of its market power by engaging in the alleged conduct, this market power was no longer “substantial” at the time the offers were made in January 2012, the ACCC said.
The Justice also found the ACCC had not established that Pfizer had pursued its conduct to deter competitors from engaging in competitive conduct or for the purpose of substantially lessening competition, the organisation said.
Previously, the ACCC said it would seek in excess of $10m for each alleged contravention.
Chairman Rod Sims said the organisation would “carefully consider” the judgement.
“The ACCC brought this case because it raised important public interest issues regarding the conduct of a patent holder nearing the expiry of that patent and what constitutes permissible competitive conduct.”
See tomorrow’s Pharmacy Daily for more information.
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