THE FULL FEDERAL COURT DISMISSES THE PFIZER APPEAL
AUSTRALIAN JOURNAL OF COMPETITION AND CONSUMER LAW | LAWBOOK CO LTD | Published : 2018
The full Federal Court recently handed down its long-awaited decision in the Pfizer competition case. The Court dismissed the appeal by the Australian Competition and Consumer Commission (ACCC) against Flick J’s decision that Pfizer did not misuse its market power or engage in prohibited exclusive dealing in the lead-up to the expiry of its patent over the blockbuster cholesterol-lowering drug, atorvastatin, marketed by Pfizer as “Lipitor”. This note examines the key aspects of the decision and its implications for the strategies employed by pharmaceutical companies as their patents approach expiration.