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Australia: ACCC to appeal Pfizer decision

By  |  March 18, 2015

The Australian Competition and Consumer Commission has lodged a Notice of Appeal from the Federal Court’s decision on 25 February 2015 dismissing the ACCC’s proceedings against Pfizer Australia.

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    The ACCC had alleged that Pfizer had contravened the Competition and Consumer Act 2010, by misusing its substantial market power and engaging in exclusive dealing conduct for the purpose of substantially lessening competition in relation to particular cholesterol lowering products by its offers to supply its originator brand of atorvastatin, Lipitor, and its own generic atorvastatin product to community pharmacies in early 2012.

    The Court dismissed the ACCC’s application, finding that while Pfizer had taken advantage of its market power by engaging in the alleged conduct, Pfizer’s market power was no longer ‘substantial’ at the time the offers were made in January 2012.

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