Competition law vs patent rights: NCLAT rules CCI has no power to probe patented product disputes; upholds case against Swiss drugmaker Vifor

Core Viewpoint - The National Company Law Appellate Tribunal (NCLAT) ruled that the Competition Commission of India (CCI) lacks jurisdiction to investigate disputes related to patented products, affirming that the Patent Act takes precedence over the Competition Act in such cases [4][6]. Summary by Sections Legal Context - The NCLAT dismissed an appeal against a CCI order that closed a complaint against Vifor International, stating that the CCI does not have the authority to examine allegations against the company due to the jurisdictional limitations established by previous court rulings [4][6]. - The tribunal referenced the Delhi High Court's decision in the case of Telefonaktiebolaget LM Ericsson, which established that the Patent Act overrides the Competition Act [5][6]. Case Details - The complaint was filed by Swapan Dey, CEO of a hospital providing free dialysis services, who alleged that Vifor's conduct made Ferric Carboxymaltose (FCM) injections unaffordable and inaccessible [5][6]. - The CCI had previously closed the case on October 25, 2022, finding no prima facie contravention under the relevant sections of the Competition Act [5][6]. Patent Information - Vifor International held the patent for FCM, a drug used to treat Iron Deficiency Anaemia, which was granted on June 25, 2008, and expired on October 21, 2023, allowing for its free manufacture and sale [5][6]. - The NCLAT noted that while the patent's expiry allowed the drug to enter the public domain, the jurisdictional question remained whether the CCI could have examined the issue while the product was still under patent protection [6].