CCI Cannot Probe Anti-Competitive Conduct Linked to Patented Drugs: NCLAT

The National Company Law Appellate Tribunal (NCLAT) ruled that the Competition Commission of India (CCI) lacked jurisdiction to investigate alleged anti-competitive conduct involving patented pharmaceutical products, since such matters fell within the scope of the Patents Act, 1970.

The Tribunal’s Division Bench, comprising Justice Yogesh Khanna and Technical Member Ajai Das Mehrotra, dismissed an appeal filed by Swapan Dey against the Swiss drugmaker Vifor International AG.

The Tribunal affirmed the CCI’s 2022 order rejecting the allegation of abuse of dominance concerning the patented injectable Ferric Carboxymaltose. Relying on Section 3(5) of the Competition Act, 2002, the NCLAT held that the Patents Act governed such issues.

[Swapna Dey v CCI]