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ARTICLE · 12 MARCH 2014

Generic pharmaceuticals and competition law: the ACCC vs Pfizer proceedings

Corrs Chambers Westgarth
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This should provide guidance for patent holders on how to legitimately compete, on the expiry of their exclusive rights.

AustraliaAntitrust/Competition Law
Mark McCowan
Mark McCowan
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The ACCC has commenced proceedings in the Federal Court against Pfizer Australia Pty Ltd (Pfizer) alleging that commercial offers made by Pfizer to pharmacies before the expiry of the patents for its blockbuster Liptor drug were anticompetitive. In making the offers the ACCC alleges that Pfizer breached prohibitions in the Competition and Consumer Act 2010 on the misuse of market power and exclusive dealing.

Competition between originator (or 'branded') and generic pharmaceutical companies has been an area of particular focus for US and European competition regulators since at least the European Pharmaceutical Sector Inquiry in 2008/09. Particular attention has been paid to:

  • patenting practices, regulatory or litigation strategies that may frustrate or delay generic entry;

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