Federal Court dismissed anti-competitive conduct case in February.
The Australian Competition and Consumer Commission (ACCC) has filed a Notice to Appeal for the Federal Court’s decision to dismiss its anti-competitive conduct case against Pfizer.
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 ACCC alleging Pfizer had misused its “substantial market power” and engaged in exclusive dealing conduct for the purpose of substantially lessening competition.
The Federal Court dismissed the case, saying that while Pfizer had taken advantage of its market power with the alleged conduct, this power was no longer substantial at the time of the offers, and that the ACCC had not established that Pfizer had engaged in this conduct to deter or prevent competitive conduct (PD 26 Feb).
ACCC chairman Rod Sims said cases involving allegations of misuse of market power and anti-competitive practices would always be a priority for the organisation.
“It is therefore important that the ACCC seeks clarity from the Full Court on issues of market power and anti-competitive purpose, such as those raised by this case.”
For more, see tomorrow’s Pharmacy Daily.