Category Archives: Competition Law

Competition Law Patent Unfair Competition

Apple v. Nokia – patent privateering – Will the CCI take suo moto notice?


Last month, Apple and Nokia announced that they were settling all pending litigation with each other. In a statement available on Apple’s website, Nokia stated, “This is a meaningful agreement between Nokia and Apple,” Maria Varsellona, Chief Legal Officer, Nokia.  It moves our relationship with Apple from being adversaries in court to business partners working for the benefit of our customers.” Apple filed the first complaint against several entities, all of whom had purchased SEPs from Nokia / or were…


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Competition Law Drug Regulation

Is Patent Enforcement Anti-competitive? Delhi HC Expresses Some Caution!


The Roche: Biocon saga over Herceptin took a dramatic new turn recently. Before getting into the details, here is a short timeline for those interested (I have not included a list of all the suits filed, for the sake of brevity). The Timeline Roche sued Biocon and Mylan before the Delhi High Court, seeking to restrain their sales of a biosimilar of Roche’s breast cancer medication, Trastuzumab. Rahul carried an analysis of that order over here and here. In this…


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Competition Law Patent

Pharma Price Control and Policy Schizophrenia – III: Make Antitrust Great Again


Over the previous posts (here and here), I outlined the current state of pharmaceutical price control, and outlined inefficiencies inherent to the existing framework. Over the course of this post, I dive deeper into the harms caused by an ineffective price control regime, and outline more optimal policies to enhance access to drugs. Price control as a boogeyman The fact that price control in the drugs market today is entirely ineffective appears to be the subject of a careful cover-up…


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Competition Law Patent

Pharma Price Control and Policy Schizophrenia – II: Cheating the consumer


Over the previous post, I summarised the events that led up to the current government’s ostensible decision to disband the National Pharmaceutical Pricing Authority and pave the way for a radical curtailment in the scope of pharmaceutical price control. While pressure groups such as the AIDAN, and other political agents (such as the Swadeshi Jagran Manch) have viewed the move as an egregious attempt to pull the rug from underneath the feet of patients, the question remains whether the DPCO was…


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Competition Law Patent

Pharma Price Control and Policy Schizophrenia – I: Background and Context


Drug price control has been at the forefront of the Modi government’s electoral promises, which has been quick to claim “victories” on this front (such as the capping of stent prices earlier this year). Elsewhere, however, it has been noted that players within the government have expressed opinions against the expansion of price control, and have taken concrete action to strip the current price control mechanism of its bite. Over this post, I contextualise these events in the larger policy…


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Competition Law

CCI Order on Pharma Major Roche – III


CCI Order on Pharma Major Roche – I and CCI Order on Pharma Major Roche – II (Continued…) (ii) Whether or not Roche group tried to influence regulatory authorities so as to deny market access to the Informants? (Paragraphs 66 – 74) The Informants submitted various letters written by the Roche group to regulatory authorities. The Roche group, vide these letters, raised concerns regarding the clinical trials undertaken by the Informants for biosimilars. It tried to create a perception that…


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Competition Law

CCI Order on Pharma Major Roche – II


CCI Order on Pharma Major Roche – I and CCI Order on Pharma Major Roche – III (Continued…) c) Whether or not Roche group holds dominant position within the relevant market? (Paragraphs 52 – 58) Roche Group introduced Trastuzumab under the brand name HERCEPTIN in the year 2002. In the year 2012, it withdrew HERCEPTIN from Indian markets and introduced cheaper versions of Trastuzumab, viz., BICELTIS and HERCLON. As highlighted by the Informants, till February 2014, there was no other…


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Competition Law

CCI Order on Pharma Major Roche – I


Brief background The Competition Commission of India (“CCI”) ordered detailed investigation against Pharma major Roche and its two group firms for alleged anti-Competition Law modus operandi with respect to the cancer drug, Trastuzumab. The regulator’s decision was delivered on information filed by pharmaceutical companies Biocon Limited, Informant No.1 (“IP-1”) and Mylan Pharmaceuticals Private Limited, Informant No. 2 (“IP-2”) wherein they, broadly speaking, alleged violation of Section 4(2) of Competition Act, 2002 (“Abuse of dominant position”). CCI concluded that there is…


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Competition Law

SpicyIP Tidbit: CCI Orders Investigation Against Pharma Major Roche


The Competition Commission of India, based on a positive prima facie determination on contravention of Section 4(2)(c) of the Competition Act, ordered investigation against pharma major Roche with respect to the cancer drug, Trastuzumab. The complaint was filed by Biocon and Mylan Pharmaceuticals. I shall be carrying a detailed analysis shortly. [Section 4. Abuse of Dominant position (1) No enterprise or group shall abuse its dominant position.] (2) There shall be an abuse of dominant position 4 [under sub-section (1),…


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Competition Law Patent Unfair Competition

A Critique of the Decision in Unwired Planet v. Huawei


On April 5, 2017, the UK High Court of Justice (Patents), Mr. Justice Colin Birss issued a detailed opinion [Unwired Planet v. Huawei ([2017] EWHC 711 (Pat), 5 Apr. 2017] in a matter involving SEPs and FRAND.  The Unwired Planet v. Huawei (hereafter “Unwired”) decision is extremely contentious and this posts covers only the issues that I believe need further consideration. Disclaimer: I advise several clients in matters involving SEPs and FRAND.  These are my views only. Long post follows. Background:…


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