Interim Injunction Application against Pfizer Dismissed

05 Mar 2007

The High Court (Chancery Division) dismissed (on Friday 2 March 2007) an application for an interim injunction by AAH Pharmaceuticals Limited and 7 other pharmaceutical wholesalers to restrain the implementation of Pfizer Limited’s new distribution arrangements for its prescription drugs in the UK, which include the drugs Lipitor and Viagra. The claimants claim that the arrangements, which were due to come into force today (Monday 5 March 2007), infringe both UK and EC competition law. Unichem Limited, a pharmaceutical wholesaler, which has an agreement to deliver Pfizer’s products to pharmacies and dispensing doctors, was joined as a party to the proceedings. Mr Justice David Richards gave his reasons for his decision to reject the application this morning (5 March 2007).

Peter Roth QC and Ronit Kreisberger were instructed by the claimants while Ben Rayment was instructed as junior counsel for Pfizer.