Competition law vs patent rights: NCLAT rules CCI has no power to probe patented product disputes

Nov 2, 2025

1 minute read

NCLAT ruled CCI lacks jurisdiction to investigate patented product disputes, holding Patent Act prevails over Competition Act. The tribunal dismissed an appeal by Swapan Dey challenging CCI's closure of a complaint against Swiss pharma Vifor International regarding Ferric Carboxymaltose injection pricing. NCLAT cited Delhi High Court's Telefonaktiebolaget LM Ericsson decision and Supreme Court confirmation that patent rights override competition law. Vifor's FCM patent expired October 2023, but jurisdiction question remained central to ruling.

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