Court of Appeal upholds refusal of interim injunction in pharmaceutical case

12 Nov 2013

The Court of Appeal rejected an appeal by Chemistree Homecare against a judgment of Roth J in February this year dismissing an application by it for an interim injunction under Chapter II of the Competition Act 1998 (abuse of dominant position) requiring a leading pharmaceutical company to supply it with specified quantities of a branded HIV medicine. The Court of Appeal agreed with the pharmaceutical company that it was not in a dominant position, and rejected claims that the relevant product market was the branded medicine.  It was able to dismiss the appeal on that basis without needing to consider Roth J’s further holding that Chemistree had put forward no arguable case on abuse.

George Peretz represented the pharmaceutical company before the Court of Appeal and Roth J.

Click here to read the full judgment in Chemistree Homecare Limited v Abbvie Ltd

Anneliese Blackwood wrote the following Chemistree v Abbvie case note