Chemistree Homecare Ltd v Abbvie Ltd

Chemistree Homecare Ltd v Abbvie Ltd

The claimant failed to establish a serious question to be tried on dominance, as Kaletra is substitutable with other ritonavir-based PIs and insufficient evidence was provided to show it constitutes a distinct market. The defendant's refusal to supply for wholesale or overseas prescriptions was consistent with its supply policy and not abusive. The application for interim relief is dismissed. Indemnity costs are justified up to 4th January due to unreasonable conduct by the claimant in advancing allegations not pursued and causing unnecessary work over the Christmas period.

Parties
Claimant: Chemistree Homecare Limited; Defendant: Abbvie Limited
Jurisdiction
England and Wales
Judgment Date
11 February 2013
Procedural Posture
Interim Injunction Application / Ruling on Interim Relief and Costs
Outcome
Application for interim relief dismissed; costs awarded to defendant.
Legal Topics
Abuse of Dominant Position, Interim Injunctions, Supply of Patented Medicines, Market Definition, Refusal to Supply, Costs Assessment
Competition Law Pharmaceutical Law Abuse of Dominant Position Interim Injunctions Supply of Patented Medicines Market Definition Refusal to Supply Costs Assessment

Case Brief

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Parties

Chemistree Homecare Limited

Claimant

Abbvie Limited

Defendant

Procedural Posture

Interim Injunction Application / Ruling on Interim Relief and Costs

Legal Issues

  1. 1 Whether Abbvie Limited holds a dominant position in the relevant market for Kaletra in the UK
  2. 2 Whether refusal to supply Kaletra for wholesale constitutes abuse of dominant position
  3. 3 Whether the claimant is entitled to interim relief

Ratio Decidendi

The claimant failed to establish a serious question to be tried on dominance, as Kaletra is substitutable with other ritonavir-based PIs and insufficient evidence was provided to show it constitutes a distinct market. The defendant's refusal to supply for wholesale or overseas prescriptions was consistent with its supply policy and not abusive. The application for interim relief is dismissed. Indemnity costs are justified up to 4th January due to unreasonable conduct by the claimant in advancing allegations not pursued and causing unnecessary work over the Christmas period.

Court Disposition

Application for interim relief dismissed; costs awarded to defendant.

Orders

  • Claimant to pay defendant's costs on indemnity basis up to 4th January 2013, standard basis thereafter.
  • Detailed assessment of costs ordered; payment on account of £50,000 within 14 days.