Search Your Queries Related To Trilegal

Deal: Trilegal successfully defends global pharmaceutical innovator, Boehringer Ingelheim, on allegations of abuse of dominance

23 Aug 2023

Bluecircle thumb image

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.

About Trilegal

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:

Sahil Wason
Mob: +91-8928008122 |

Trending News


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,, you acknowledge that:

  • You are seeking information about Trilegal of your own accord and there has been no form of solicitation, advertisement or inducement by Trilegal or its members.
  • This website should not be construed as providing legal advice for any purpose.
  • All information, content, and materials available on this website are for general informational purposes only.
  • Any information obtained or material downloaded from this website is completely at the user’s volition, and any transmission, receipt or use of this website is not intended to, and will not, create any lawyer-client relationship.
  • Information on this website may not constitute the most up-to-date legal or other information. Trilegal is not liable for the consequences of any action taken by any person based on any material or information available on this website, or for any inaccuracy in or exclusion of any information or interpretation thereof.
  • Readers of this website or recipients of content or information available on this website should not act based on any or all such content or information, and should always seek advice of competent legal counsel licensed to practice in the appropriate jurisdiction.
  • Third party links contained on this website re-directing users to such third-party websites should neither be construed as legal reference / legal advice, nor considered as referrals to, endorsements of, or affiliations with, any such third party website operators.
  • The communication platform provided on this website should not be used for exchange of any confidential, business or politically sensitive information.
  • The contents of this website are the intellectual property of Trilegal.

We prioritize your privacy. Before proceeding, we encourage you to read our privacy policy, which outlines the below, and terms of use to understand how we handle your data:

  • The types of information we collect and why we collect them.
  • How we use your information to provide a personalized experience.
  • The measures we take to ensure the security of your data.
  • Your rights and choices in managing your personal information.
  • How we may share information with trusted partners for specific purpose.

For more information, please read our terms of use and our privacy policy.

Up arrow