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Australia abuse of dominance

ACCC v Pfizer Australia Pty Ltd

[2018] FCAFC 78
JurisdictionAustralia
CourtFull Federal Court of Australia
Year2018
StatusBinding authority

Summary

Full Federal Court considered whether Pfizer's patent evergreening strategy in the pharmaceutical market constituted misuse of market power under s 46 of the Competition and Consumer Act.

Key Principle

misuse of market power; patent evergreening; pharmaceutical market; s 46 CCA

Area of Law

competition

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Full Federal Court considered the test for substantially lessening competition under s.50 CCA in the context of a rail freight acquisition.

ACCC v Yazaki Corporation (2018) 262 CLR 1

HCA upheld record cartel penalties for wire harness market conduct, affirming that penalties must deter contravener and others, considering nature, extent, and duration of cartel.

ACCC v Yazaki Corp (2018) 262 CLR 203

Full Federal Court set aside and recalculated cartel conduct penalties, establishing key principles for penalty assessment under the Competition and Consumer Act 2010 (Cth).

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