AAH Pharmaceuticals Ltd & Ors v Pfizer Ltd & Anor

AAH Pharmaceuticals Ltd & Ors v Pfizer Ltd & Anor

The claimants failed to demonstrate a significant risk of irreparable harm justifying an interim injunction, especially given the delay in bringing the application and the lack of a strong case for infringement. The balance of risk of injustice favoured refusing the injunction, particularly as the OFT had not found reasonable grounds for intervention and the disruption to Pfizer and UniChem would be substantial.

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
Civil Competition Law / Interim Application for Injunction
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

Civil Competition Law / Interim Application for Injunction

Legal Issues

  1. 1 Whether Pfizer's termination of supply to claimants and exclusive arrangement with UniChem infringes Articles 81 and 82 EC Treaty and Competition Act 1998
  2. 2 Whether interim injunction should be granted to require Pfizer to continue supplying claimants

Ratio Decidendi

The claimants failed to demonstrate a significant risk of irreparable harm justifying an interim injunction, especially given the delay in bringing the application and the lack of a strong case for infringement. The balance of risk of injustice favoured refusing the injunction, particularly as the OFT had not found reasonable grounds for intervention and the disruption to Pfizer and UniChem would be substantial.

Court Disposition

Interim injunction refused

Orders

  • Application for interim injunction dismissed