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Informist, Monday, Feb. 2, 2026

 

NEW DELHI – The Supreme Court Monday said it will decide whether the Competition Commission of India can examine antitrust conduct of companies arising out of patent rights held by them. The apex court stayed an order by the National Company Law Appellate Tribunal in October that held the antitrust regulator did not have the jurisdiction to examine cases arising out of patent rights as these fell only under the Patents Act, 1970.

 

The top court sought a response from complainant Swapan Dey and Vifor International AG on the Competition Commission of India's appeal against the appellate tribunal order. The appellate tribunal had dismissed Dey's petition that had alleged Vifor International AG's patented drug Ferric Carboxymaltose was neither accessible nor affordable by patients and consumers at large due to anti-competitive and abusive conduct by the company.

 

In 2022, Dey had filed a complaint with the Commission of India against Vifor International. However, the antitrust regulator held that there was no violation of Section 3 and Section 4 of the Competition Act, 2002. Challenging the competition regulator's order, Dey moved the appellate tribunal.

 

The appellate tribunal said that the patent on the drug had expired and it was now available in public domain for manufacturing. However, it proceeded to examine whether the competition regulator had the power to examine the case where the drug was protected by the Patent Act. The appellate tribunal noted that in 2023, the Delhi High Court had held that the Patent Act would prevail over the Competition Act, which was also upheld by the apex court in September. 

 

The competition commission lacked the power to examine the allegations made against Vifor International, the appellate tribunal said. The Patent Act would prevail over the Competition Act as the subject matter of contention was a drug which was developed and patented by Vifor International, the appellate tribunal said. "Further, we have noted that Section 3(5) of the Competition Act provides protection to a person holding patent to restrain any infringement of or to impose reasonable conditions, as may be necessary for protecting its rights," it said.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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