Pfizer case shows protecting your own position isn't anti-competitive

Commercial strategies and practices used by Pfizer to counter the expected loss of revenue caused by the expiry of its patent over Lipitor, its bestselling cholesterol drug, were neither misuses of market power nor exclusive dealing and did not contravene Australian competition laws (Australian Competition and Consumer Commission v Pfizer Australia Pty Ltd [2015] FCA 113).

In yet another high-profile loss for the ACCC, the Court held that steps taken by Pfizer in offering stock and making bundled offers were carried out for a purpose of defending Pfizer's sales in response to strong competition from generics. In effect, the Court found Pfizer's strategies were legitimate forms of competition in the face of sustained attack by generics.