Chemistree v. Abbvie Limited
In February 2013, Mr Justice Roth refused an application by Chemistree Homecare Ltd (“Chemistree”) for an injunction against Abbvie Limited (“Abbvie”) in relation to the supply of Kaletra, a drug used in the treatment of HIV. In November 2013 his decision was confirmed by the Court of Appeal. This is the most recent of several claims brought by Chemistree in which it has sought to invoke Article 102 of the Treaty on the Functioning of the European Union (“TFEU”) to force suppliers to provide increasing quantities of high-value medicines for resale throughout the EU. In his judgment, Roth J held that Chemistree had not shown an arguable case that Abbvie was dominant, nor that Abbvie’s general policy of not supplying wholesalers was abusive.