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].

Core Viewpoint - The National Company Law Appellate Tribunal (NCLAT) ruled that the Competition Commission of India (CCI) lacks the authority to examine patent-related disputes, affirming that the Patent Act takes precedence over the Competition Act in this context [1][12]. Summary by Sections NCLAT Ruling - NCLAT dismissed an appeal against a CCI order that closed a complaint against Vifor International (AG), stating that the CCI does not have the power to investigate allegations related to patents [1][12]. - The ruling emphasized that the Patent Act will prevail over the Competition Act in cases involving patented products, specifically referring to Ferric Carboxymaltose (FCM) injection [1][12]. Background of the Case - The appeal was filed by Swapan Dey, CEO of a hospital providing free dialysis services, who claimed that Vifor International's conduct made FCM injections inaccessible and unaffordable for patients suffering from Iron Deficiency Anaemia (IDA) [5][6]. - Dey alleged that the CCI failed to address the relevant market and the dominant position of Vifor International in its investigation [7][8]. CCI's Previous Findings - The CCI had previously closed the investigation on October 25, 2022, finding no contravention by Vifor under Sections 4 or 3(4) of the Competition Act [7][12]. - Dey argued that the CCI made an error by conducting an ex-ante analysis instead of an ex-post analysis regarding the alleged violation [8][12]. Vifor International's Defense - Vifor International contended that the CCI lacked jurisdiction over the matter since the FCM molecule is governed by the Patent Act [9][12]. - The company informed NCLAT that the patent for FCM, granted on June 25, 2008, expired on October 21, 2023, and is now in the public domain [10][11]. Legal Precedents - NCLAT referenced previous judgments, including one from the Delhi High Court, which established that the Patent Act supersedes the Competition Act [12].