ACCC v Pfizer Australia Pty Ltd

A firm with substantial market power that, in anticipation of patent expiry and generic entry, offers bundled discounts and rebates to secure customers does not contravene s 46 (misuse of market power) or s 47 (exclusive dealing) of the Competition and Consumer Act 2010 (Cth) where its substantial purpose is to protect or advance its own competitive position post-expiry rather than to damage or deter a competitor.