COMCO: Discontinuance of the investigation against Novartis
Bern, 10.10.2024 - The Competition Commission (COMCO) terminates the investigation against Novartis without consequences.
On 13 September 2022, COMCO opened an investigation against Novartis. Its purpose was to determine whether Novartis intended to unlawfully protect one of its dermatological medicines by filing various patent infringement lawsuits. In this regard the investigation sought to establish whether such behaviour had to be considered a case of a so called “blocking patent” unlawfully limiting production, supply or technical development in the market within the meaning of antitrust law.
The investigation revealed that Novartis’ actions finally were common practice in the field of patent law and, further, did not confirm the above indications of an unlawful restraint of competition. Therefore, COMCO discontinued the investigation.
In this investigation, COMCO mutually cooperated with the European Commission on the basis of the bilateral Agreement between the European Union and the Swiss Confederation concerning cooperation on the application of their competition laws in force since 2014. The European Commission made its own analysis of the facts of the case and came to the same conclusion to discontinue proceedings.
Address for enquiries
Laura Melusine Baudenbacher
President
+41 79 854 87 25
lauramelusine.baudenbacher@comco.admin.ch
Patrik Ducrey
Director
+41 58 464 96 78
+41 79 345 01 44
patrik.ducrey@comco.admin.ch
Olivier Schaller
Vice Director
+41 58 462 21 23
+41 79 703 80 07
olivier.schaller@comco.admin.ch
Publisher
Competition Commission
http://www.weko.admin.ch/
