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Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication | January 2017
Case: Teva Canada Limited v Pfizer Canada Inc (SCC Docket 37162).
Drug: EFFEXOR XR® (venlafaxine hydrochloride)
Nature of case: Application for leave to appeal decision remitting back to the Federal Court an action for damages pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 (the Regulations)
Successful party: Pfizer Canada Inc.
Date of decision: January 19, 2017
Summary
As we reported, Teva Canada Ltd. was awarded damages pursuant to section 8 of the Regulations after Pfizer’s prohibition application under section 6 of the Regulations relating to an extended release formulation of venlafaxine hydrochloride (Pfizer’s EFFEXOR XR®) was dismissed by the Federal Court. Pfizer successfully appealed the decision. The Federal Court of Appeal (FCA) overturned the decision on the basis that the Federal Court had admitted and relied on hearsay evidence. During the trial, Teva relied solely on the testimony of one of its executives to establish the capacity and willingness of a third-party supplier to provide the venlafaxine hydrochloride in Teva’s product, instead of calling a witness from the supplier.
The FCA remitted the matter back to the Federal Court for redetermination, excluding the hearsay evidence.
Teva applied for leave to appeal the FCA’s decision to the Supreme Court of Canada in August 2016. On January 19, 2017, the Supreme Court dismissed Teva’s application. The redetermination in the Federal Court was adjourned pending a decision in the leave to appeal, and will now be rescheduled.
SCC Decision: Teva Canada Limited v Pfizer Canada Inc, SCC docket 37162.
FCA Decision: Pfizer Canada Inc v Teva Canada Limited, 2016 FCA 161
FC Decision: Teva Canada Limited v Pfizer Canada Inc, 2014 FC 248, and subsequent reasons Teva Canada Limited v Pfizer Canada Inc, 2014 FC 634
Video
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Publication
On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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