AAH Pharmaceuticals Ltd & Ors v Pfizer Ltd & Anor [2007] EWHC 565 (Ch) (05 March 2007)

AAH Pharmaceuticals Ltd & Ors v Pfizer Ltd & Anor [2007] EWHC 565 (Ch) (05 March 2007)

The claimants failed to demonstrate a sufficiently strong case of infringement or irreparable harm to justify the grant of an interim mandatory injunction, particularly given the delay in bringing the application and the lack of supporting findings from the Office of Fair Trading. The balance of risk of injustice favours refusal of the injunction.

Citation
[2007] EWHC 565 (Ch)
Parties
Claimant: AAH Pharmaceuticals Limited; Claimant: Phoenix Healthcare Distribution Limited; Claimant: Mawdsley Brooks and Company Limited; Claimant: Munro Wholesale Medical Supplies Limited; Claimant: F Maltby and Sons Limited; Claimant: Norchem Limited; Claimant: P. I. F Medical Supplies Limited; Claimant: Sangers (Maidstone) Limited; Defendant: Pfizer Limited; Defendant: Unichem Limited
Jurisdiction
England and Wales
Judgment Date
05 March 2007
Procedural Posture
Interim Injunction Application / Interlocutory (application for Interim Relief Pending Trial)
Outcome
Interim injunction refused
Legal Topics
Interim Injunctions, Abuse of Dominance, Refusal to Supply, Distribution Agreements, Article 81 EC Treaty, Article 82 EC Treaty, Competition Act 1998
Competition Law Commercial Law Interim Injunctions Abuse of Dominance Refusal to Supply Distribution Agreements Article 81 EC Treaty Article 82 EC Treaty +1 more

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Parties

AAH Pharmaceuticals Limited

Claimant

Phoenix Healthcare Distribution Limited

Claimant

Mawdsley Brooks and Company Limited

Claimant

Munro Wholesale Medical Supplies Limited

Claimant

F Maltby and Sons Limited

Claimant

Norchem Limited

Claimant

P. I. F Medical Supplies Limited

Claimant

Sangers (Maidstone) Limited

Claimant

Pfizer Limited

Defendant

Unichem Limited

Defendant

Procedural Posture

Interim Injunction Application / Interlocutory (application for Interim Relief Pending Trial)

Legal Issues

  1. 1 Whether Pfizer's termination of supply agreements and refusal to supply claimants infringes Articles 81 and 82 EC Treaty and Chapters 1 and 2 of the Competition Act 1998
  2. 2 Whether interim mandatory injunction should be granted to require continued supply pending trial
  3. 3 Whether claimants would suffer irreparable harm justifying interim relief

Ratio Decidendi

The claimants failed to demonstrate a sufficiently strong case of infringement or irreparable harm to justify the grant of an interim mandatory injunction, particularly given the delay in bringing the application and the lack of supporting findings from the Office of Fair Trading. The balance of risk of injustice favours refusal of the injunction.

Court Disposition

Interim injunction refused

Orders

  • Application for interim injunction dismissed
  • No order requiring Pfizer to continue supply to claimants