Lets start today with an overview of some of the sections of the Competition Act that might have a bearing on any patent related competition issues: Chapter II of the Act proscribes Anti Competitive agreements including tie-in arrangements, exclusive supply agreements, exclusive distribution agreements, refusals to deal and resale price maintenance. Sub-section (5) of section 3 however provides (inter alia) that the section shall not be read to restrict the “right of any person to restrain any infringement of, or

Shamnad drew my attention to a recent news report in the Business Standard, “Law not Equipped to Handle Pharma Monopoly: Experts” The report states: “With anti-competitive practices of global pharma companies increasingly coming under regulatory scrutiny internationally, Indian public interest groups and the domestic medicine makers complain that India’s competitive laws are not equipped to face a similar situation of monopoly in the sales of patent protected medicines in the country.” The report provides two view points: (1) Leena Menghaney,