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ARTICLE · 23 SEPTEMBER 2014

Competition Bureau Drops "Product Switching" Investigation Against Alcon

Torkin Manes LLP
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On May 13, 2014, the Competition Bureau announced that it was discontinuing its investigation of Alcon Canada Inc.

CanadaAntitrust/Competition Law
Rajeev Sharma
Rajeev Sharma
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On May 13, 2014, the Competition Bureau ("Bureau") announced that it was discontinuing its investigation of Alcon Canada Inc. ("Alcon"). The Bureau was investigating whether Alcon's product life-cycle management strategy for its drug, Patanol, was intended to hinder competition from generic drug companies contrary to the abuse of dominance provisions of the Competition Act ("Act").

Alleged Violations of the Competition Act

"Product hopping" or "product switching" is a strategy designed to switch prescriptions from one product to a second generation formula of the same drug. Alcon's patent in the medicinal ingredient in Patanol was expiring in November 2012. In January 2011, Alcon received its notice of Compliance (NOC) from Health Canada for Pataday, a new once-a-day dosing with the same medicinal ingredient as Patanol.

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