The Competition Commission of India (CCI) has passed a final order and held that Boehringer Ingelheim Pharma GmbH & Co. KG (Boehringer) (along with its Indian subsidiary) did not contravene the provisions of the Competition Act, 2002 (Act).
An information against Boehringer was filed by Macleods Pharmaceuticals Limited (Macleods) alleging that it had abused its dominant position by evergreening a patent in relation to Linagliptin, a compound that is used to treat type-2 diabetes. Macleods had alleged that Boehringer had contravened Section 4 of the Act by engaging in frivolous and vexatious litigation to prohibit its competitors from using Linagliptin, after its patent had expired.
The Trilegal team was led by Nisha Kaur Uberoi, Partner & National Head, Competition Law and Rudresh Singh, Partner, along with Reshabh Juneja, Senior Associate, and Pramothesh Mukherjee, Associate. They advanced legal, economic and technical arguments before the CCI demonstrating why Boehringer is not dominant and how its actions were not in abuse of dominant position and in fact how the information was an instance of forum shopping. Resultantly, no prima facie case of contravention was found.
The CCI has categorically ruled that the question of validity of a patent may not be looked into by the CCI. It has also set a precedent by clarifying that, in line with international jurisprudence in matters relating to frivolous and vexatious litigation, the competition authority is required to look into the matter objectively as to whether the litigation resorted to by an entity is ex facie baseless.
Trilegal is one of India’s leading law firms, with expertise across the full spectrum of corporate legal services. Trilegal has offices in four key cities of India.
Trilegal has been recognised as the India Deal Firm of the Year by Asian Legal Business (ALB) India Law Awards 2023; one of the ‘Best Overall Law Firms’ at the India Business Law Journal Indian Law Firm Awards 2022; ‘Firm of the year’ for Client Service Excellence by Asia Law Awards 2021; “M&A Law firm of the Year” by VCCircle Awards 2020 one of the most innovative law firms in Asia in the inaugural edition of ALB Trailblazers 2020; and ‘highly commended’ in the FT RSG Innovative Lawyers Awards 2020.
For more information, please contact:
Under the rules of the Bar Council of India, Trilegal is prohibited from soliciting work or advertising in any form or manner. By accessing this website, www.trilegal.com, you acknowledge that: