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Mainly intellectual property (IP) issues Down Under

ACCC loses antitrust case against Pfizer

Flick J rules that Pfizer did not breach antitrust rules by trying to maintain sales of Lipitor after it came off patent.

IP and antitrust in Australia

The ACCC has sued Pfizer for alleged antitrust breaches by locking in Lipitor sales for 12 months after the patent expired

Compulsory Licensing of Patents – Productivity Commission

The Productivity Commission’s report on Compulsory Licensing of Patents has been published. One key recommendation is to replace the compulsory licence provisions in the s 133 of the Patents Act with a compulsory licence regime in the Competition and Consumer Act: The Australian Government should seek to remove s. 133(2)(b) from the Patents Act 1990 (Cwlth), so that a compulsory licence order based on restrictive trade practices of the patent holder is only.. Read More

Class actions and antitrust

Following on from the post earlier this week about the findings that AstraZeneca had misused its market power in the EU over Losec, the Full Federal Court in Australia (Moore, Jessup and Dodds-Streeton JJ) has largely upheld an appeal against the primary Judge’s decision to strike out a Statement of Claim. Unlike the AstraZeneca case, this case does not involve allegations of misuse of market power relating to a patented product; it concerns.. Read More

Misusing a patentee’s market power

The Court of General Instance (formerly (?) the EU’s CFI) has upheld the European Commission’s ruling that AstraZeneca abused its dominant position in the market by practices designed to block or delay generic drugs competing with Losec from entering the market. The abusive practices were: submitting deliberately misleading statements to patent agents, national patent offices and national courts in order to acquire or preserve supplementary protections certificates for omeprazole to which AstraZeneca was.. Read More

Linklaters’ IP update

is online here. ECJ highlights are: Owners of registered trade marks for luxury goods will be encouraged by a ruling of the European Court of Justice in Copad SA v Christian Dior Couture SA. The European Court of Justice has confirmed that domestic legislation which seeks to prohibit businesses from offering goods and services tied to the offer of other goods and services is in breach of EU consumer protection rules.

Microsoft wars

Ernie the Attorney posts an interesting review of “Free the Market” by Gary L. Reback, apparently the principal Government lawyer behind the Justice Department’s anti-trust law suit against Microsoft. The key question posed by the book is this: do we need better government regulation of the tech sector?  Also: is the current state of technology development such that we need to re-examine how we use antitrust law to regulate it?  These are important questions, and.. Read More

Microsoft, the EU, Internet Explorer and tying again

On 15 January 2009, the European Commission commenced new proceedings against Microsoft alleging that Microsoft was abusing its dominant position in the market by tying Internet Explorer to the Windows operating system: According to the Commission: The evidence gathered during the investigation leads the Commission to believe that the tying of Internet Explorer with Windows, which makes Internet Explorer available on 90% of the world’s PCs, distorts competition on the merits between competing.. Read More

Cartels

How to organise a cartel or what the damages might be (apart from the penalties/fines) when if you get found out: John Asker ‘A Study of the Internal Organisation of a Bidding Cartel’ (pdf). Warning: lots of economist-ese and formulas. Lid-dip Prof. Joshua Gans.

Monopolies and IP round up

IPKat reviews 2 new texts on the “interface” between aspects of IP and anti-trust or competition and an economics “reader”: (1) Nuno Pires de Carvalho, TRIPS Regime of Antitrust and Undisclosed Information; and (2) Irina Haracoglou, Competition Law And Patents: a Follow-on Innovation Perspective in the Biopharmaceutical Industry; and (3) Robert P. Merges (ed), Economics Of Intellectual Property Law. IPKat’s review here, and the IP Dragon entices us with news of a new (1 August) anti-monopoly law in.. Read More