Australia’s competition watchdog said on Friday the High Court dismissed
its special leave application to appeal a court’s decision on whether
Pfizer Inc’s local unit used its market power to limit competition for
its cholesterol-lowering drug Lipitor, Reuters reported.
The Australian Competition and Consumer Commission (ACCC) sought
leave to appeal against a judgment by a Federal Court in May, when
Pfizer was alleged to have abused its market power by offering big
discounts and rebates on Lipitor to pharmacies.
The drug stores were said to have bought large quantities of the drug and agreed to limit re-supply of competing generic atorvastatin products.
The court had found that Pfizer took advantage of its substantial market power, but did not accept the ACCC’s argument that Pfizer had acted to lessen or deter competition.
Pfizer Australia said, in an emailed statement to Reuters, it welcomed the High Court’s decision to dismiss ACCC’s case.
Prior to the loss of its patent protection in May 2012, the drug Lipitor generated annual sales of more than A$700 million ($497.49 million) for Pfizer in Australia, the commission said when it launched the case in 2014.