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ARTICLE · 18 MARCH 2015

Lipitor and atorvastatin: Pfizer successfully defends misuse of market power case

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The Court dismissed the case of misuse of market power and exclusive dealing conduct around its atorvastatin products.

AustraliaAntitrust/Competition Law
Michael Sutton
Michael Sutton
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Focus: ACCC's case against Pfizer for misuse of market power and exclusive dealing conduct
Services: Competition & Consumer Law
Industry Focus: Life sciences & healthcare

The Australian Federal Court has dismissed the case brought by the Australian Competition and Consumer Commission (ACCC) against Pfizer for misuse of market power and exclusive dealing conduct around its atorvastatin products.

Subject to any appeal the ACCC may yet bring, the decision provides some insight as to the extent to which originator pharmaceutical companies can act to protect their market share prior to the expiry of the patent underpinning their originator product.

Why did the ACCC bring proceedings?

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