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ARTICLE · 22 NOVEMBER 2013

Focus Antitrust - Competition Weekly Email Alert - 13 November 2013

Charles Russell Speechlys LLP
Charles Russell Speechlys LLP
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Charles Russell Speechlys LLP

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The Court of Appeal has dismissed an appeal by Chemistree Homecare Limited against the High Court's refusal to grant it an interim injunction against Abbvie Ltd in a case concerning an alleged refusal to supply a patented medical product.

United KingdomAntitrust/Competition Law
Paul Stone
Paul Stone

IN THE NEWS

Court of Appeal dismisses appeal by Chemistree Homecare Limited in alleged abuse of dominance case

The Court of Appeal has dismissed an appeal by Chemistree Homecare Limited against the High Court's refusal to grant it an interim injunction against Abbvie Ltd in a case concerning an alleged refusal to supply a patented medical product. The Court of Appeal concluded that the High Court was correct in holding that there was no real prospect of Chemistree establishing that the defendant had a dominant market position, on the basis that there was insufficient evidence to show that the relevant product market comprised solely the defendant's product. The High Court was also correct in considering that the relevant customer for the purposes of assessing demand side substitution was the end-user (patient), and not the pharmacist. Click here.

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