[Ip-health] Fwd: Competition Commission order on abuse of dominant position - Roche - biological market

leena menghaney leenamenghaney at gmail.com
Tue Apr 25 04:36:01 PDT 2017

The blog donttradeourlivesaway.wordpress.com has just put out a blog post
on the Competition Commission's order on Roche's abuse of dominant position
in the market for the biological drug trastuzumab.

Link is here:

Highlights of the order:

Thus, the practices adopted by Roche Group to create an impression about
the propriety of the approvals granted, the safety and efficacy of
biosimilars, the risk associated and the outcome of the on-going court
proceedings in the medical fraternity, including doctors, hospitals, tender
authorities, institutes etc., when seen collectively, prima facie appear to
be aimed at adversely affecting the penetration of biosimilars in the
market (para 74).

The Commission is of the considered opinion that biological drugs as well
as its biosimilars form part of the same relevant product market. In the
present case, the relevant product market, thus, would be the “market for
biological drugs based on Trastuzumab, including its biosimilars” (para 49)

Even a partial denial of market access that takes away the freedom of a
substitute to compete effectively and on merits in the relevant market, may
amount to a contravention of Section 4(2)(c) of the Act (Para 77).

Based on the foregoing analysis, the Commission is of the considered view
that prima facie, the contravention with regard to Section 4(2)(c) of the
Act is made out against Roche Group, which warrants detailed investigation
into the matter. The DG is, thus, directed to carry out a detailed
investigation into the matter, in terms of Section 26(1) of the Act, and
submit a report to the Commission, within 60 days (para 81).

This is one of the first such decisions from the Competition Commission on
pharmaceuticals in India.


Leena Menghaney
Mobile: 9811365412

Leena Menghaney
Mobile: 9811365412

Leena Menghaney
Mobile: 9811365412

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