CCI lacks power to examine disputes over patented products, says NCLAT

Nov 2, 2025

1 minute read

NCLAT dismissed an appeal against CCI's closure of complaint against Swiss pharma Vifor International, ruling CCI lacks power to examine patent disputes. The tribunal held Patent Act prevails over Competition Act regarding Vifor's Ferric Carboxymaltose injection patent for Iron Deficiency Anaemia treatment. NCLAT cited Delhi High Court and Supreme Court precedents, noting Competition Act Section 3(5) protects patent holders' rights. Appeal was filed by Swapan Dey, CEO of hospital providing government dialysis services.

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