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ARTICLE · 14 NOVEMBER 2025

Competition Monthly – November 2025 Edition

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The National Company Law Appellate Tribunal (NCLAT), by its order dated 30 October 2025, dismissed an appeal challenging an order of the Competition Commission of India (CCI) closing a case...

IndiaAntitrust/Competition Law
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NCLAT RULES THAT CCI HAS NO POWER TO INVESTIGATE PATENT DISPUTES

The National Company Law Appellate Tribunal (NCLAT), by its order dated 30 October 2025, dismissed an appeal challenging an order of the Competition Commission of India (CCI) closing a case against Vifor International (AG) under Section 26(2) of the Competition Act, 2002 (Act).

The appellant, CEO of a hospital providing dialysis services under a government programme, had alleged that Vifor International, the Swiss developer and patent holder of the drug Ferric Carboxymaltose (FCM) used in treating iron deficiency anaemia, is engaged in anticompetitive practices by limiting access and keeping prices high. It was alleged that Vifor's exclusive licensing arrangements with Emcure Pharmaceuticals Ltd. and Lupin Ltd. violated Sections 3 and 4 of the Act.

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